Jones Day’s PTAB Litigation blog features discussion and analysis from leading patent attorneys on news and developments relating to post-issuance patentability challenges at the Patent Trial and Appeal Board (PTAB) of the USPTO. Visit the blog at ptablitigationblog.com.
Articles: 1-10 of 613
PTAB Issues Back-to-Back Fintiv Denials After Dry Spell
USA - May 25 2023 The PTAB recently issued back-to-back Fintiv denials. The first denial issued on May 4, 2023. Read here about Samsung Electronics Co. Ltd. v…
Discretionary Denial Despite Stipulation
USA - May 18 2023 The Board exercised discretion under § 314 to deny inter partes review in view of co-pending district court litigation. In the Institution Decision…
Erroneous PGR service deemed excusable by split panel
USA - May 10 2023 In DynaEnergetics Europe GmbH et al v. QinetiQ Limited (PGR2023-00003), the petitioner filed its petition on the last possible day…
Director Determines Petitioner Not Expected to Anticipate § 325(d) Argument
USA - May 3 2023 Director Vidal recently vacated a decision denying institution of an inter partes review (“IPR”) to allow Google, the Petitioner, to brief whether…
Tactical Decision Leads to Supplemental Information Request Denial
USA - April 26 2023 Parties before the PTAB should be careful to submit supplemental materials as soon as practicable. In Extractiontek Sales v. Gene Pools Tech., the…
PTAB Grants Discovery of ITC Documents
USA - April 18 2023 In Apple Inc. v. Masimo Corp., the PTAB granted Masimo, the owner of patent 10,687,745 ("the '745 patent"), their request for production directed to…
HE HAD THE POWER - Hirshfeld Decisions Stand
USA - April 18 2023 A panel of the Federal Circuit has again held that Commissioner Drew Hirshfeld had the requisite authority to act on requests for Director review of…
Prior Conception Defeats Otherwise Sufficient Derivation Showing
USA - April 12 2023 In its second-ever Final Written Decision in a derivation proceeding, the Patent Trial and Appeal Board (“PTAB”) determined that a patent application…
New Case Theories Post-Institution; Better to Ask Permission
USA - April 7 2023 Petitioners should be cautious of introducing a new theory in a Petitioner Reply before the PTAB. On February 7, 2023, the Patent Trial and Appeal…
Director Provides Insight On Interplay Between Written Description And Enablement
USA - April 5 2023 USPTO Director Kathi Vidal recently vacated a PTAB decision denying institution of a post-grant review and remanded the case for further proceedings…
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