by Matthew Johnson | Nov 3, 2023 | PTAB News, PTAB Trial Basics, Time Limits
By Tova Werblowsky* and Matt Johnson – The PTAB recently granted institution of inter partes review despite the Patent Owner not receiving the petition for the proceeding until three business days after the statutory deadline. See Kahoot! ASA and Kahoot Edu,...
by Matthew Johnson | Oct 27, 2023 | PTAB News, PTAB Trial Basics, Real Party in Interest
By Sue Gerber and Matt Johnson – The PTAB requires that all petitioners in IPR and PGR proceedings disclose the real party(ies)-in-interest. While that might seem like a mere formality, a false disclosure can lead to very harsh consequences. In a recent...
by Matthew Johnson | Oct 16, 2023 | PTAB News, PTAB Trial Basics, Trial Institution
By Simon Maxwell* and Matt Johnson – On March 15, 2022, Facet Technologies, LLC (Plaintiff/Patent Owner) filed an infringement suit against LifeScan, Inc. (Defendant/Petitioner) in U.S. District Court for infringement of U.S. Patent No. 8,840,635 (the ’635...
by Matthew Johnson | Oct 6, 2023 | PTAB Trial Basics
By RJ Shea and Matt Johnson – The Patent Trial and Appeal Board (“PTAB”) recently published a revised PTAB Oral Hearing Guide (August 2023) updating prior guidance on hearings. The revised Guide includes changes to: 1. Remote participation in PTAB Proceedings;...
by Matthew Johnson | Oct 4, 2023 | PTAB News, PTAB Trial Basics, Time Limits
By Tova Werblowsky* and Matt Johnson – Institution of an IPR is automatically barred if the “petition requesting the proceeding is filed more than 1 year after the date on which the petitioner…is served with the complaint alleging infringement of the patent.” 35...
by Matthew Johnson | Sep 7, 2023 | Federal Circuit Appeal, PTAB News, PTAB Trial Basics
By Sue Gerber and Matt Johnson – Effective July 24, 2023, the Patent Office updated its procedures for Interim Director Review (“DR”) of PTAB decisions. The updated procedures include the following key provisions: Expanding the process to permit parties to...
