by Matthew Johnson | Aug 4, 2021 | PGR
By Jianle Wang,* Stephanie Mishaga, Matt Johnson – In Microsurgical Tech., Inc. v. Regents of the Univ. of Colorado, No. PGR2021-00026, Paper 12 (P.T.A.B. June 16, 2021), the Patent Trial and Appeal Board (“PTAB”) held that disclaimed claims should be considered...
by John Marlott | Jun 4, 2021 | Estoppel, PGR
By John Marlott – A Post-Grant Review can be used to challenge newly-issued patents on wide-ranging grounds, but PGRs remain relatively unpopular: statutory estoppel may be a reason why. The America Invents Act (“AIA”) created new procedures for challenging the...
by David Maiorana | Sep 3, 2020 | Estoppel, PGR
By Dave Maiorana – Due to the relatively low number of post-grant reviews (“PGR”) filed to date, not many district courts have spoken on the scope of PGR estoppel. In GREE, Inc. v. Supercell Oy, No. 2:19-cv-00071 (E.D. Texas), Magistrate Judge Payne in the...
by Matthew Johnson | Nov 13, 2019 | Estoppel, PGR
By Amanda Leckman and Matt Johnson On February 28, 2019, GREE, Inc. (“GREE”) filed a Complaint against Supercell Oy (“Supercell”) for patent infringement of U.S. Patent No. 9,597,594 (the “’594 Patent”), directed to a method for controlling a computer to improve the...
by Matthew Johnson | Nov 8, 2019 | Patent Eligible Subject Matter, PGR
By Austin Ball and Matt Johnson On October 10, 2019, the Patent Trial and Appeal Board (“PTAB”) issued a Final Written Decision in favor of Avepoint, Inc. (“Avepoint”) and against Onetrust, LLC (“Onetrust”) in an America Invents Act post grant review (“PGR”) of...
by John Evans, Ph.D. | Jul 30, 2019 | PGR
By John Evans and Kerry Barrett The PTAB’s recent decision instituting post-grant review of a design patent in Man Wah Holdings Ltd. v. Raffel provides interesting perspectives on how design patent invalidity theories work. This decision highlights the subtle...
