by Matthew Johnson | Jun 13, 2019 | Amendment Practice
By Levent Herguner and Matt Johnson In a rare successful motion to amend, the PTAB found certain claims of a pipeline monitoring system patentable, and allowed substitution of amended claims for others deemed unpatentable. See Syrinix Inc. v. Blacoh Fluid Control...
by Matthew Johnson | Jun 10, 2019 | Joinder, PTAB News
By Jihong Lou, Chris Liu, and Matt Johnson Since its inception through the Leahy-Smith America Invents Act (“AIA”), the proper role and function of the Patent Trial and Appeal Board (“PTAB”) of the U.S. Patent and Trademark Office (“PTO”) in adversarial post-grant...
by Matthew Johnson | Jun 6, 2019 | Federal Circuit Appeal
By Geoff Xiao,* Mike Lavine, and Matt Johnson The Federal Circuit recently tightened the standing requirements for an IPR appeal in AVX Corp. v. Presidio Components, Inc., No. 18-1106, 2019 WL 2079178 (Fed. Cir. May 13, 2019). AVX previously challenged the validity of...
by Matthew Johnson | Jun 5, 2019 | PTAB Trial Basics, Trial Institution
By Sue Gerber and Matt Johnson Petitioners beware. The PTAB will not “play archaeologist with the record” or assume the burden of making arguments if the Petitioner fails to present the asserted reasons for invalidity with the required specificity. Amazon Web...
by Matthew Johnson | May 31, 2019 | PTAB News
By Matt Johnson Institution rates have ticked up while petition filing rates are down slightly so far compared to fiscal year 2018. The running rate for institutions through the first six months of FY 2019 is at 64% compared to 60% in the previous year. Through...