by Matthew Johnson | Mar 19, 2019 | Amendment Practice
On October 29, 2018, the Office published a request for comments (“RFC”) on a proposed procedure for motions to amend filed in inter partes reviews, post-grant reviews, and covered business method patent reviews (collectively AIA trials) before the PTAB. The Office...
by Matthew Johnson | Mar 18, 2019 | Amendment Practice
By Jonathan Knight, Ph.D. and Carl Kukkonen On March 7, 2019, the PTAB issued a new precedential order that helps to clarify a petitioner’s briefing rights in view of a recent update to the AIA Trial Practice Guide. The new order is Lectrosonics, Inc. v. Zaxcom, Inc.,...
by Matthew Johnson | Feb 11, 2019 | Amendment Practice, Claim Construction, PTAB Trial Basics
Patent Trial and Appeal Board, or PTAB, defense litigation strategies continue to evolve. In a recent Law360 article, Jones Day Intellectual Property lawyers Dave Cochran, Mike Hendershot, and Matt Johnson explained why previous assumptions and strategies pertaining...
by John Marlott | Feb 7, 2019 | Amendment Practice
By John Marlott An IPR of issued patent claims is statutorily limited to prior art challenges based on patents and printed publications under § 102 (novelty) or § 103 (obviousness). The PTAB may not institute an IPR of existing patent claims on other unpatentability...
by Matthew Johnson | Jan 3, 2019 | Amendment Practice, PTAB Trial Basics
By Levent Herguner and Matt Johnson – On November 30, 2018, the PTAB filed an opinion addressing two procedural issues in Aver Information Inc. v. Pathway Innovations and Technologies, Inc., Case IPR2017-02108, including failure to meet spacing requirements and...
by Matthew Johnson | Dec 13, 2018 | Amendment Practice
By Levent Herguner and Matt Johnson – On November 26, 2018, the PTAB entered its Final Written Decision in Intel Corp. v. Alacritech, Inc., Case IPR2017-01391, denying Patent Owner Alacritech, Inc.’s Motion to Amend in the inter partes review of certain claims...
