by Matthew Johnson | Aug 14, 2018 | Amendment Practice, PTAB News
By: Matt Johnson On Monday, the PTAB issued its fourth installment of its ongoing motion to amend study, providing details on motions to amend filed and decided through March 31, 2018. Patent owners have filed a motion to amend in 305 of the 3,203 completed trials...
by Matthew Johnson | Aug 10, 2018 | PTAB News, Uncategorized
By: Rich Graham and Matt Johnson The USPTO’s Patent Trial and Appeal Board (PTAB) has published an update to the AIA Trial Practice Guide (TPG) containing additional guidance about trial practice before the Board. The USPTO published the original TPG in August...
by Matthew Johnson | Jul 30, 2018 | Pharmaceutical
As we reported in our July 2, 2018 article Hatch Bill: Restore Hatch-Waxman Balance; Limit Generics’ Access to PTAB, Senator Orrin Hatch (R-Utah), the namesake and coauthor of the Hatch-Waxman Act, proposed (but has not yet introduced) an amendment titled the...
by Matthew Johnson | Jul 26, 2018 | CBMs
By: Sean Benevento[1], Mike Lavine, and Matt Johnson The PTAB recently clarified eligibility for a covered business method review (CBM). See Xerox Corp. v. Bytemark, Inc., No. CBM2018-00011 (P.T.A.B. July 12, 2018) (Paper 12). To establish standing for CBM review, a...
by Matthew Johnson | Jul 25, 2018 | 325(d) issues
By: Matt Johnson The PTAB’s decision on whether or not to institute trial in a particular matter is discretionary. See Harmonic Inc. v. Avid Tech, Inc., 815 F.3d 1356, 1367 (Fed. Cir. 2016) (“the PTO is permitted, but never compelled, to institute an IPR...
