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“Voluntary Interrogatory Responses” Excluded As Inadmissible Hearsay

USA - August 23 2022 While creativity has its place in advocacy, it can be taken too far. The Petitioner learned this lesson the hard way in Unified Patents Inc. v…

Matthew W. Johnson

Supreme Court Restricts 28 U.S.C. § 1782 Discovery in Aid of Arbitration

Global, USA - June 20 2022 The U.S. Supreme Court has held that 28 U.S.C. § 1782 authorizes discovery to assist only governmental or intergovernmental adjudicative bodies, and…

Ryan J. Andreoli, Victoria Dorfman, Caroline C. Edsall, Harold K. Gordon, Christopher Lovrien

Patent Office Interim Process Aimed To Improve Consistency

USA - June 7 2022 On May 26, 2022, the Patent Office issued its “Interim Process for PTAB Decision Circulation And Internal PTAB Review”. The Office issued the Process…

Matthew W. Johnson

Joinder Denied For Petitioner Whose Invalidity Case Was Dismissed With Prejudice

USA - March 30 2022 In the PTAB’s recent decision in Code 200 v. Bright Data Ltd., IPR2021-01503, Paper No. 13 (PTAB Mar. 14, 2022), the PTAB expounded upon the…

Matthew W. Johnson

Section 325(d) - Twelfth Time Not A Charm

USA - January 19 2022 This blog has previously discussed PTAB’s exercise of discretion under Section 325(d). Sometimes the PTAB has invoked Section 325(d) to deny…

Matthew W. Johnson