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 | 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 Joe Sauer | Nov 29, 2018 | Amendment Practice, Claim Construction, PTAB News
By Levent Herguner, Alex Li, and Joe Sauer On Tuesday, November 13th, the PTAB Bar Association held its inaugural Thought Leader Summit. The Summit featured two sessions on recent developments in the patent litigation field, as well as a keynote address from Acting...
by Matthew Johnson | Oct 10, 2018 | Claim Construction
The USPTO has published a final rule changing the claim construction standard applied during inter partes review (IPR), post-grant review (PGR), and the transitional program for covered business method patents (CBM) proceedings before the PTAB. The final rule replaces...
by David Cochran | Jul 23, 2018 | Claim Construction, Federal Circuit
By: David E. Anderson[1] and Dave Cochran On July 13, 2018, the Federal Circuit reversed the PTAB’s finding that claims 1-5 and 11 of U.S. Patent No. 8,651,118 (“the ’118 Patent”) are anticipated by U.S. Patent No. 4,148,330 (“Gnaga”) and Japanese Application No....
by Marc S. Blackman | Jun 7, 2018 | Claim Construction, Federal Circuit, PTAB Trial Basics
By: Marc S. Blackman Whether a claim is indefinite under 35 U.S.C. § 112 is analyzed under different standards by District Courts and the PTAB. District Courts apply the standard articulated by the Supreme Court in Nautilus requiring a patent’s claims, viewed in...
