by Matthew Johnson | Apr 23, 2020 | Federal Circuit Appeal, PTAB News, Time Limits
By Sue Gerber and Matt Johnson – This week, the United States Supreme Court interpreted the scope of the AIA’s “no appeal” provision found in 35 U.S.C. § 314(d) (“Section 314(d)”). Thryv, Inc. v. Click-to-Call Techs, L.P., No. 18-916, 2020 WL 1906544 (Apr. 20,...
by Matthew Johnson | Apr 21, 2020 | Federal Circuit Appeal, PTAB News, Time Limits
On Monday, the Supreme Court ruled that 35 U.S.C. § 314(d)’s statement that the “determination by the Director whether to institute an inter partes review under this section shall be final and nonappealable” means that PTAB decisions regarding the...
by Matthew Johnson | Mar 11, 2020 | Federal Circuit Appeal, Real Party in Interest, Time Limits
By Cathy Chin Eng and Matt Johnson – In two related decisions, the Federal Circuit held that the Patent Owner, Acoustic Technology, Inc. (“Acoustic”) waived its time-bar challenges under 35 U.S.C. § 315(b) (“Section 315(b)”) by failing to assert them in the IPR...
by Matthew Johnson | Oct 11, 2019 | Time Limits
By Sue Gerber and Matt Johnson Last year, this blog discussed various strategic considerations for litigants seeking declarations of invalidity in district court actions to avoid being precluded from also seeking inter partes or other post-grant review before the...
by Carl Kukkonen | Sep 17, 2019 | PTAB News, Time Limits
By Amanda Leckman and Carl Kukkonen On November 21, 2017, Petitioner Infiltrator Water Technologies, LLC, filed a Petition for inter partes review (IPR) of claims 8–12 of U.S. Patent No. 8,815,094 B2. In its Preliminary Response, filed on March 7, 2018, Patent Owner...
by Matthew Johnson | Aug 27, 2019 | PTAB Trial Basics, Time Limits
By Tom Ritchie and Matt Johnson The PTAB Precedential Opinion Panel (“POP”) has concluded that the one-year time bar for filing an IPR petition under 35 U.S.C. § 315(b) is triggered by the service of a complaint alleging infringement even if “the serving party lacks...
