by Matthew Johnson | Apr 6, 2022 | Joinder, PGR, Trial Institution
By Christian Roberts and Matt Johnson – Typically, a Motion for Joinder to an earlier post-grant review (“PGR”) must be filed within one month of the institution of the earlier PGR. 37 C.F.R. § 42.222(b). While the Patent Trial and Appeal Board (“PTAB”) does...
by Josh Nightingale | Mar 24, 2022 | Estoppel, PGR
By Hannah Mehrle and Josh Nightingale – An ITC Administrative Law Judge (ALJ) recently issued an initial determination holding that PGR estoppel prevented GMG Products LLC (Respondent) from raising two prior-art products in the ITC. Under Section 325(e)(2) of...
by John Marlott | Dec 28, 2021 | PGR, PTAB News
By John Marlott – PGR petition filings were up slightly over the prior USPTO fiscal year, but the long-term historical trend continues to show that PGR challenges remain relatively infrequent. We recently reported on the PTAB’s release of its final statistics...
by Sarah Geers | Sep 13, 2021 | PGR
By Miguel Alvarez* and Sarah Geers – A recent post-grant review decision once again reminds patentees of the increasing scrutiny that claims are facing under the written description and enablement requirements under 35 U.S.C. § 112 (a). In this case,...
by Matthew Johnson | Aug 31, 2021 | Claim Construction, Petitions, PGR, PTAB News
By Sue Gerber and Matt Johnson – A patent is eligible for post-grant review (“PGR”) only if the patent is subject to the first-inventor-to-file provisions of the AIA. In Tricam Indus., Inc. v. Little Giant Ladder Sys., LLC, the PTAB explained that determining...
by Matthew Johnson | Aug 25, 2021 | PGR
By Hannah Mehrle and Matt Johnson – Ocado Group (“Petitioner”) filed a petition requesting a post-grant review of a claim from U.S. Patent No. 10,696,478 (’478 Patent) owned by AutoStore Technology (“Patent Owner”). The Board concluded that the Petitioner did...
