LEGISLATION: PTAB Reform Act of 2022
By Haytham Soliman and Matt Johnson - Since the passage of the America Invents Act in 2012, both petitioners and patent owners have expressed concerns regarding the procedures and practices of the Patent Trial and Appeal Board (PTAB). In an effort to respond to these...
Director to Review Institution of Trial Challenging Patents Found Infringed
By Pranita Dhungana,* Christian Roberts, and Matt Johnson - U.S. Patent and Trademark Office (“USPTO”) Director Vidal is initiating sua sponte review of the Patent Trial and Appeal Board’s (“PTAB”) decisions to institute inter partes review of two patents owned by...
Spoonful of Commercial Success Overcomes Obviousness Rejection
By Christopher Dorsett,* Stephanie Mishaga, and Carl Kukkonen - The Patent Trial and Appeal Board (PTAB) recently reversed obviousness rejections based on an Applicant demonstrating commercial success of an infant spoon, in Ex Parte Doug Gonterman and Jessica...
Legislation: PTAB Reform Act of 2022
By Matt Johnson - On June 16, Senators Leahy, Cornyn, and Tillis introduced the PTAB Reform Act of 2022. The full text of the bill is available here. And a section-by-section recap is accessible here. Senator Leahy said: “I’m proud to continue the work of ensuring...
Coordinate Arguments To Avoid Procedural Bars
By Dylan Burdelik,* Sachin Patel, and Matt Johnson - In a recent decision, 25 F.4th 1035 (Fed. Cir. 2022), the Federal Circuit dismissed for lack of jurisdiction an appeal of the PTAB’s decision that estopped a Petitioner from maintaining a third IPR that challenged...