PTAB Designates Two Older Decisions as Precedential, Updates Hearing Rooms/Notices

The Patent Trial & Appeal Board (PTAB) has designated two more decisions precedential. The first addresses the 315(b) fling deadline, while the other pre-institution statutory disclaimer.

In addition to expanding precedent, the Board has also expanded hearing room space and options.

First, in Infiltrator Water Techs., LLC, v. Presby Patent Trust, IPR2018-00224 (PTAB Oct. 1, 2018) (here), the Board applies Click-to-Call Techs., LP v. Ingenio, Inc., 899 F.3d 1321 (Fed. Cir. 2018) and determines that a complaint dismissed without prejudice for lack of personal jurisdiction triggers the 315(b) time bar.

In General Electric Co. v. United Techs. Corp., Case IPR2017-00491 (PTAB July 6, 2017) (here), the Board applies 37 C.F.R. § 42.107(e) and denies institution of an inter partes review where Patent Owner has disclaimed all challenged claims prior to institution.

Finally, the PTAB also announced that its hearing rooms have been updated to add capacity and new technological features. Moreover, Notices of Hearing will now include a QR code printed on the notice to allow recipients to more easily access the recently published PTAB Hearings Guide. The PTAB Hearing Guide provides an easy reference guide for any hearings-related questions including scheduling for both ex parte appeals and American Invents Act (AIA) trials. The Hearings Guide also includes instructions on how to exercise the option to attend or view hearings not only at headquarters in Alexandria, Virginia, but also at any of the regional offices.