by Kenneth Luchesi | Mar 20, 2018 | PTAB Trial Basics, Time Limits
By: Kenny Luchesi disclaimer A few weeks ago, we posted an article discussing the Federal Circuit’s decision in Arthrex, Inc. v. Smith & Nephew, Inc., 880 F.3d 1345 (Fed. Cir. 2018). (see Disclaimer Before Institution May Not Avoid Adverse Judgment Estoppel). In...
by Matthew Johnson | Jan 16, 2018 | PTAB News, Time Limits, Trial Institution
By Rich Graham and Matt Johnson On January 10, 2018, the PTAB designated two decisions weighing on 35 U.S.C. § 315(b) as informative: Luv N’ Care, Ltd. v. McGinley, IPR2017-01216, Paper 13 (P.T.A.B. Sept. 18, 2017) (AIA § 315(b), insufficient funds at filing) Amneal...
by Greg Castanias | Jan 9, 2018 | Federal Circuit Appeal, Time Limits
By Greg Castanias, Sasha Mayergoyz, John Marlott, and Dave Cochran In yesterday’s en banc decision in Wi-Fi One v. Broadcom Corp., Nos. 15-1944, -1945 & -1946 (Fed. Cir. Jan. 8, 2018), the en banc Federal Circuit addressed issues regarding judicial review of the...
by S. Christian Platt | Oct 30, 2017 | Amendment Practice, PTAB News, Time Limits
By: Christian Platt and Richard Graham The PTAB may, where good cause exists, extend a trial up to six months beyond the required twelve month length pursuant to 35 U.S.C. §316(a)(11). On October 5, 2017, the PTAB issued its first “good cause” extension of a trial in...
by John Marlott | May 11, 2017 | Federal Circuit Appeal, Time Limits, Trial Institution
By John Marlott The en banc Federal Circuit is currently considering whether the PTAB’s findings regarding 35 U.S.C. § 315(b)’s one year bar on IPR petitions can be reviewed on appeal. In Wi-Fi One v. Broadcom Corp, the en banc Court is set to decide the following...
by Carl Kukkonen | Mar 28, 2017 | PTAB Trial Basics, Time Limits
By Yury Kalish Ph.D. and Carl Kukkonen See also, Jones Day ITC Blog’s posting on the Bosch case at: http://jonesdayitcblog.com/clock-file-ipr/ Since their introduction as part of the America Invents Act, Inter Partes Reviews (IPRs) have proven to be a powerful...
