by Matthew Johnson | Oct 11, 2019 | Time Limits
By Sue Gerber and Matt Johnson Last year, this blog discussed various strategic considerations for litigants seeking declarations of invalidity in district court actions to avoid being precluded from also seeking inter partes or other post-grant review before the...
by Matthew Johnson | Sep 27, 2019 | PTAB Trial Basics
The PTAB has been very active in designating decisions precedential and informative in 2019. Here’s a recap of designations so far: Real parties in interest, 35 U.S.C. §§ 312(a)(2), 322(a)(2) Precedential – Adello Biologics LLC v. Amgen Inc., Case...
by Matthew Johnson | Sep 25, 2019 | Prior Art Issues
By Catharina Chin Eng and Matt Johnson The PTAB has previously applied to IPR filings the statutory grace period under 35 U.S.C. § 21(b) for USPTO papers and fees due on a weekend or holiday. See Samsung Elecs. Co. v. Immersion Corp., Case IPR2018-01468, slip op. at...
by Matthew Johnson | Sep 19, 2019 | PTAB News, PTAB Trial Basics, Trial Institution
By Mike Lavine and Matt Johnson On September 6, 2019, a PTAB panel including USPTO Director Andrei Iancu instituted inter partes review (“IPR”) of U.S. Patent No. 9,279,259 (“the ‘259 Patent”). The ‘259 Patent is directed to a tile lippage removal system and is owned...
by Matthew Johnson | Sep 16, 2019 | Joinder, Trial Institution
By Alex Li and Matt Johnson If you don’t have new grounds to add, you may as well copycat. On September 4, 2019, the PTAB denied Microsoft’s petition requesting inter partes review (“IPR”) of U.S. Patent No. 7,167,487 (“the ’487 patent”); furthermore, the panel also...