by Matthew Johnson | Aug 6, 2019 | Discovery, Motions Practice
By Jen Bachorik and Matt Johnson In a recent appeal of two inter partes review (“IPR”) decisions from the Patent Trial and Appeal Board (“Board”), The Court of Appeals for the Federal Circuit (“CAFC”) held that the Board abused its discretion in denying VirnetX’s...
by Matthew Johnson | Aug 1, 2019 | Federal Circuit, Prior Art Issues, Standing
By Elizabeth Dengler,* Mike Lavine, Jihong Lou, Matthew Johnson Samsung Electronics Co., Ltd. (“Samsung”) petitioned for inter partes review (“IPR”) of U.S. Patent No. 8,917,772 (“the ‘772 Patent”), which is owned by Infobridge and is directed to encoding and decoding...
by Matthew Johnson | Jul 25, 2019 | Amendment Practice, Discovery, Joinder, Motions Practice, PTAB News
By Catharina Chin Eng and Matt Johnson Our prior post on the PTAB’s second update to the AIA Trial Practice Guide (TPG), published July 15, 2019, highlighted the additional guidance provided for petitions, patent owner preliminary responses and claim construction. ...
by Matthew Johnson | Jul 23, 2019 | Amendment Practice, Claim Construction, PTAB News, PTAB Trial Basics
By Catharina Chin Eng and Matt Johnson On July 15, 2019, the USPTO’s Patent Trial and Appeal Board (PTAB) published a second update to the AIA Trial Practice Guide (TPG) (“2nd Update”), providing additional guidance for trial practice before the Board. The original...
by Matthew Johnson | Jul 17, 2019 | PTAB News
By Cathy Chin Eng and Matt Johnson Relying on 35 U.S.C. § 314(a), the Patent Trial and Appeal Board has articulated its reluctance to review “follow-on” petitions challenging the validity of patents that have been previously subjected to inter partes review. As...