by Matthew Johnson | May 2, 2024 | PTAB News, PTAB Trial Basics, Trial Institution
By Matthew Johnson, Carl Kukkonen, Evan C. Jones, and Daniel Sloan – On April 19, 2024, the USPTO issued a Notice of Proposed Rulemaking (the “Notice”) regarding discretionary denial in post-grant proceedings and other issues. The Notice addresses stakeholder...
by Matthew Johnson | Apr 26, 2024 | PTAB News, PTAB Trial Basics, Request for Reconsideration
By: Lisa Furby, Marlee Hartenstein, Stephanie M. Mishaga and Robby Breetz – In 2021, following the Supreme Court’s Arthrex decision, the PTO issued an interim procedure for requesting Director Review (discussed here). The PTO has now issued a Notice of Proposed...
by Matthew Johnson | Apr 25, 2024 | Prior Art Issues, PTAB News, PTAB Trial Basics
By Jack Graves and Matt Johnson – The PTAB recently denied Trend Micro, Inc.’s (Petitioner) inter partes review petition against Open Text, Inc. and Webroot, Inc. (Patent Owners) challenging all claims of U.S. Pat. No. 8,201,243. Trend Micro, Inc. v. Open Text,...
by Matthew Johnson | Apr 19, 2024 | Federal Circuit Appeal, Prior Art Issues, PTAB News, PTAB Trial Basics
By Phil Shelton, Sue Gerber, and Matt Johnson – In a precedential opinion, the Federal Circuit reversed a Patent Trial and Appeal Board (“PTAB”) decision in holding that certain claims of the Virtek patent (U.S. Patent No. 10,052,734) were unpatentable as...
by Lisa Furby | Apr 12, 2024 | Prior Art Issues, PTAB News, PTAB Trial Basics, Trial Institution
By Lisa Furby – In denying inter partes review in OBM, Inc. & Cholla Energy LLC v. Lancium LLC, the PTAB again made clear that “technical availability” of a reference is not enough to establish it is a printed publication. Here, the PTAB held that the...
by David Maiorana | Apr 11, 2024 | Claim Construction, PTAB News, PTAB Trial Basics, Trial Institution
By Luke Cipolla and Dave Maiorana – On March 7, 2024, the PTAB denied institution in 10x Genomics, Inc. v. President and Fellows of Harvard College, IPR2023-01299, Paper 15 (PTAB Mar. 7, 2024) (“Decision”). The PTAB denied institution on two separate grounds:...
