Use Caution When Mapping Multi-Forum Patentability Attack
By Sachin Patel and Matt Johnson - A recent PTAB decision in Sattler Tech Corp. v. Lyu represents an important reminder to carefully review the procedural and substantive requirements for filing a petition for an AIA trial, especially when dealing with declaratory...
PGR Filings Tick Up, But Still Infrequent
By John Marlott - PGR petition filings were up slightly over the prior USPTO fiscal year, but the long-term historical trend continues to show that PGR challenges remain relatively infrequent. We recently reported on the PTAB’s release of its final statistics for...
Expired Patents Can Be Challenged
By Amanda Simms* and Sarah Geers - Although it may seem counterintuitive, the PTAB has jurisdiction over expired patents, and patent owners may need to defend their expired patents in inter partes review. The PTAB recently reiterated this in Apple, Inc. v. Gesture...
Hirschfeld Issues Second Post-Arthrex Grant of Director Review
By Evan Jones* and Josh Nightingale - On November 18, 2021, the Commissioner for Patents and acting Director of the USPTO, Andrew Hirshfeld, issued the second order granting a Petition for Director Review since the interim Director Review process was implemented by...
PTAB News: First Arthrex Director Review Granted
By Alison Ibendahl and Joe Beauchamp - In a recent decision, Commissioner Andrew Hirschfeld, who is currently performing the functions and duties of the Under Secretary of Commerce for Intellectual Property and Director of the USPTO, issued the first post-Arthrex...