by Matthew Johnson | Jan 23, 2025 | Federal Circuit, Prior Art Issues, PTAB News, PTAB Trial Basics
By Adam J. Cook and Michael Oblon – On appeal from an inter partes review (“IPR”), the Federal Circuit held that, under pre-America Invents Act (“pre-AIA”) law, a published patent application is prior art as of its filing date as opposed to its later date of...
by Matthew Johnson | Jan 22, 2025 | PTAB News, PTAB Trial Basics, Trial Institution
By Pranita Dhungana and Matt Johnson – The Patent Trial and Appeal Board (“PTAB”) recently denied institution in an inter partes review (“IPR”) where Petitioner later filed a parallel petition against the same claims of the same patent. Shenzhen Root Tech....
by Carl Kukkonen | Jan 16, 2025 | PTAB News, PTAB Trial Basics
By Carl Kukkonen – The U.S. Patent and Trademark Office (USPTO) recently released its Fiscal Year 2024 roundup for the Patent Trial and Appeal Board (PTAB) America Invents Act (AIA) proceedings. This comprehensive report provides valuable insights into the...
by Emily Tait | Jan 13, 2025 | PTAB News, PTAB Trial Basics, Trial Institution
By Adriane Elinski and Emily Tait – The PTAB denied institution of a second inter partes review (“IPR”) petition filed by Aylo Freesites (“Petitioner”) after having previously instituted inter partes review of Petitioner’s first petition related to the same...
by Matthew Johnson | Jan 9, 2025 | Prior Art Issues, PTAB News, PTAB Trial Basics
By Sue Gerber, Adriane Elinski, and Matt Johnson – When issued patent drawings are not explicitly made to scale, the Federal Circuit recently confirmed that arguments relying solely or predominately on the features of those drawings, such as line thickness, are...
by Matthew Johnson | Dec 23, 2024 | Evidentiary Issues, PTAB News, PTAB Trial Basics
By Adam Cook and Matt Johnson – In a 2-1 decision, the Patent Trial and Appeal Board (“PTAB”) denied a patent owner’s motion to file two new declarations in connection with its sur-reply, holding that the patent owner failed to prove the extraordinary...
