by John Evans, Ph.D. | Jun 29, 2021 | Design Patents, PTAB News
By John Evans and Callan Foran* These days, we generally think about inter partes review as a first option to challenge patentability. Rightly so. But don’t forget about ex parte reexamination (“XPR”). Even in the IPR era, patent challengers are still successfully...
by Greg Castanias | Jun 23, 2021 | PTAB News
By Greg Castanias, Dave Cochran, Steph Mishaga, and Alex Chung – In United States v. Arthrex Inc., the U.S. Supreme Court agreed with the Federal Circuit that the pre-Arthrex Patent Trial and Appeal Board (PTAB) regime of Administrative Patent Judge decisions...
by Matthew Johnson | Jun 21, 2021 | PTAB News
On June 21, 2021, the Supreme Court issued its decision in Arthex stating: Today, we reaffirm and apply the rule from Edmond that the exercise of executive power by inferior officers must at some level be subject to the direction and supervision of an officer...
by Greg Castanias | May 14, 2021 | PTAB News
By Greg Castanias and Matt Johnson – In Carr v. Saul, the U.S. Supreme Court unanimously held that a party can raise a challenge under the Constitution’s Appointments Clause to an Administrative Law Judge’s (“ALJ”) decision, even if the...
by John Evans, Ph.D. | Apr 29, 2021 | Design Patents, PTAB News
By John Evans and Hannah Mehrle – On April 15, 2021, the PTAB issued a Final Written Decision in the LKQ Corp. case finding a design patent claiming a vehicle fender panel unpatentable as obvious. IPR2020-00064, Paper No. 39 (Apr. 15, 2021). The obviousness...
by Matthew Johnson | Apr 20, 2021 | PTAB News
By Matt Johnson – The institution rate for post-grant challenges in current FY 2021 (Oct. 1, 2020 through Feb. 28, 2021) stands at 61% (305 instituted, 198 denied) compared to 56% in the previous fiscal year. This rate is more consistent with FY 2017-2019, where...
