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PTAB Litigation Blog Blog

Articles: 1-10 of 444

Filing Date Motion Granted Due To COVID-19

USA - November 23 2020 NeuMoDx Molecular, Inc., (Petitioner) who was otherwise barred from pursuing two IPR proceedings regarding patents owned by HandyLab, Inc. (Patent…

PTAB Allows Input on POP Review Requests Using Online Form

USA - November 19 2020 The PTAB has added an online form to the USPTO website that allows the submission of an amicus request addressing a pending request for Precedential…

Fed. Circuit Cautions Against Narrow Application of Analogous Art Test

USA - November 11 2020 One of the steps in a proper obviousness analysis is to ascertain the scope and content of the prior art and the differences between the prior art and…

District Court Issues Sanctions for Patent Owner’s Shapeshifting Arguments at the PTAB

USA - October 30 2020 Although infrequently awarded, district courts are empowered to issue sanctions for behavior at the PTAB that they deem “exceptional” under Octane…

PTAB Requests Comments Regarding Discretionary Institution Issues

USA - October 20 2020 The Supreme Court has held the PTAB’s “decision to deny a petition is a matter committed to the Patent Office’s discretion,” and that there is “no…

Invalidity Counter Against Unasserted Claim Does Not Implicate §315(a)

USA - October 15 2020 It is well-established that a counterclaim for invalidity in a district court litigation does not trigger the 35 U.S.C. § 315(a) bar. See 35 U.S.C. §…

BREAKING: Arthrex Headed to the Supreme Court

USA - October 13 2020 On Tuesday, the Supreme Court granted certiorari in the three appeals from the Federal Circuit’s Arthrex decision, consolidating those three cases for…

Federal Circuit’s Applications in Internet Time Decision Applied

USA - October 8 2020 Throughout the Patent Trial and Appeal Board’s (“PTAB”) history, patent owners have tried to leverage a petitioner’s alleged failure to name all real…

On-Again, Off-Again Inventorship

USA - September 22 2020 Deciding who invented patents can be “one of muddiest concepts in the muddy metaphysics of the patent law.” Mueller Brass Co. v. Reading Industries…

PTAB Decision Conflicts With District Court’s

USA - September 18 2020 The PTAB and District Courts do not always see eye to eye when it comes to prior art. On August 21, 2020, the Board issued a trio of final written…