by Matthew Johnson | Nov 24, 2017 | Amendment Practice
By Matt Johnson On November 21st, the PTAB issued guidance for motions to amend in post-grant trials based on the Federal Circuit’s en banc decision in Aqua Products, Inc. v. Matal, 872 F.3d 1290 (Fed. Cir. 2017). In line with that decision, the PTAB will not place...
by Matthew Johnson | Nov 16, 2017 | PTAB News
By Matt Johnson On November 14th, the USPTO issued a final rule setting and adjusting patent fees during fiscal year 2017. The new fees, set to take effect January 16, 2018, include upward adjustments of fees for requesting Inter Partes Review (IPR) and...
by Matthew Johnson | Nov 7, 2017 | PTAB News, Trial Institution
On October 24th, the PTAB issued the following notice, designating the following decisions, which address 35 U.S.C. § 325(d), as informative. Unified Patents, Inc. v. Berman, Case IPR2016-01571 (PTAB Dec. 14, 2016) (Paper 10) In this decision, the Board denied...
by Matthew Johnson | Oct 27, 2017 | 325(d) issues, Trial Institution
By Rich Graham and Matt Johnson On October 24th, the PTAB designated three decisions related to discretionary petition denials under 35 U.S.C. § 325(d) as informative. Unified Patents, Inc. v. Berman is discussed below. We previously reported on Hospira, Inc. v....
by Matthew Johnson | Oct 11, 2017 | CBMs, Standing
By Matt Johnson An expanded panel at the PTAB has found that post-Petition claim cancellation is a legitimate strategy for patent owners to avoid CBM jurisdiction. In deciding petitioner’s Institution Decision Rehearing Request in Facebook, Inc. v. Skky, LLC,...