by Matthew Johnson | Mar 25, 2021 | PTAB News, Trial Institution
Partners Matt Johnson and Sarah Geers talk about former USPTO Director Andrei Iancu’s impact on the PTAB, and what we might expect from a new director under the Biden Administration. They also comment on why patent litigation filings remained active during...
by Matthew Johnson | Mar 23, 2021 | Discovery, PTAB News
By Alex Li and Matt Johnson – Depositions for proceedings before the Patent Trial and Appeal Board (PTAB) are usually taken in the U.S. See 37 C.F.R. § 42.53(b)(2), (b)(3). Furthermore, many foreign jurisdictions have restrictions on taking depositions within...
by Michael Oblon | Mar 16, 2021 | PTAB News, Trial Institution
By Nick Bagnolo and Michael Oblon – Since the PTAB designated Apple v. Fintiv precedential, the six-factor, “holistic” test has been increasingly used to discretionarily deny institution of petitions challenging claims already subject to parallel litigation...
by Matthew Johnson | Mar 5, 2021 | PTAB News, Trial Institution
By Jennifer Bachorik and Matt Johnson – The USPTO designated Snap, Inc. v. SRK Tech. LLC, IPR2020-00820 (PTAB October 21, 2020) (Paper 15) (“Snap”) as precedential as to § II.A regarding its discretion under 35 U.S.C. § 314(a) to deny institution of inter partes...
by Greg Castanias | Mar 4, 2021 | PTAB News
By Nate Andrews, Greg Castanias, and Dave Maiorana – On March 1, 2021, the Supreme Court heard oral arguments in Arthrex v. Smith & Nephew, No. 19-1434, on March 1, 2021, asking whether the appointment of PTAB judges is consistent with the way that “Officers...
by Matthew Johnson | Mar 2, 2021 | PTAB News
On Monday the Supreme Court heard arguments in the Arthrex case (Nos. 19-1434; -1452; -1458) (click link for transcript) regarding whether PTAB judges are principal officers, who must be appointed by the president and confirmed, or whether they are inferior officers...