The Patent Trial and Appeal Board issued 37 IPR and CBM Final Written Decisions in March, including decisions following remands from the Federal Circuit, cancelling 334 (62.66%) instituted claims while declining to cancel 186 (34.90%) instituted claims. Patent owners conceded
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Three PTAB Decisions on Indicia of Obviousness Designated Precedential or Informative
Earlier in April, the PTAB designated as precedential or informative five decisions relating to what evidence can show that an asserted reference is a printed publication. On April 14, 2020, the PTAB provided more guidance to practitioners by designating three
Supreme Court Holds PTAB Time Bar Decisions Cannot Be Judicially Reviewed
IPR and CBM Statistics for Final Written Decisions Issued in February 2020
In a relatively busy month, the Patent Trial and Appeal Board issued 62 IPR and CBM Final Written Decisions in February, including decisions following remands from the Federal Circuit, cancelling 507 (67.24%) instituted claims while declining to cancel 187 (24.80%)
Nike v. Adidas: The PTAB Can Sua Sponte Raise Arguments for Substitute Claims
In Nike, Inc. v. Adidas AG, the Federal Circuit held that the Patent Trial and Appeal Board (“PTAB”) may sua sponte raise a new ground of unpatentability for substitute claims when the prior art is of record and the
Five PTAB Decisions on Printed Publications Designated Precedential or Informative
Late last year, the PTAB’s Precedential Opinion Panel clarified that in an IPR, it is the petitioner’s burden to show a reasonable likelihood that an asserted reference qualifies as a printed publication. See Hulu, LLC v. Sound View Innovations, LLC,
USPTO & PTAB Updates During COVID-19
USPTO Extends Certain PTAB Trial Due Dates Pursuant to CARES Act
The USPTO announced the following relief in AIA trial proceedings before the Patent Trial and Appeal Board (“PTAB”) pursuant to the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) signed on March 27, 2020:Read more
Congress Passes Coronavirus Stimulus Bill
Last week, the United States Congress passed the Coronavirus Stimulus Bill. The Bill gives the USPTO the authority to “toll, waive, adjust, or modify, any timing deadline” as appropriate if the President’s declaration of emergency in response to the
Three PTAB Decisions on 35 U.S.C. § 325(d) Designated Precedential or Informative
On March 24, 2020, three PTAB decisions applying 35 U.S.C. § 325(d) were designated precedential or informative. The trio of decisions clarify the Board’s use of its discretion under that statutory section.
Advanced Bionics, LLC v. MED-EL Elektromedizinische Geräte GmbH,