You found a great prior art reference for your IPR petition. But if that reference isn’t a patent or patent application, you’ll need to think carefully about how to prove that the reference was actual...
(as published by the ITC TLA) In the Matter of CERTAIN ROBOTIC VACUUM CLEANING DEVICES AND COMPONENTS THEREOFSUCH AS SPARE PARTS, Inv. No. 337-TA-1057, Commission Opinion (February 1, 2019) Summary: A...
Oona Johnstone and Andrew William's article, titled "Biopharma IPR Trends - 2019 Mid-Year Update," appeared in the April issue of Life Science Leader. Read more.
(as published by ITC TLA) In the Matter of CERTAIN DATA TRANSMISSION DEVICES, COMPONENTS THEREOF, ASSOCIATED SOFTWARE, AND PRODUCTS CONTAINING THE SAME, Inv. No. 337-TA-1150, Order Denying Requests Fo...
In September 2018, the Patent Office created the Precedential Opinion Panel (or “POP”) to increase transparency and predictability of proceedings before the PTAB by establishing precedent that would g...
An article written by Hunter Baker titled, "Playing for Time" was featured in Mewburn Ellis Forward Magazine.
The 2019 Annual Review of U.S. Trademark Cases, co-authored by John L. Welch and titled “The Seventy-First Year of Administration of the Lanham Act of 1946," appeared in the January-February issue of ...
(as published by Law360) On Feb. 19, 2019, the U.S. Supreme Court heard oral argument in Return Mail Inc. v. U.S. Postal Service. The question before the court was whether the government is a “person”...
In the 2017 precedential decision General Plastic Co. v. Canon Kabushiki Kaisha, the PTAB established a set of seven non-exclusive factors that it will consider in exercising its discretion under 35 U...
(as published by Westlaw IP Journal) In Travel Sentry Inc. v. Tropp, 877 F.3d 1370 (Fed. Cir. 2017), the U.S. Court of Appeals for the Federal Circuit shed some light on how to apply the divided infri...
While the Board recognizes that its rules do not require petitioners to take “positions consistent with related cases in different fora,” a recent IPR decision illustrates the risks a petitioner faces...
In the wake of SAS Institute v. Iancu, the PTAB has sometimes expanded pending IPRs to include previously un-instituted grounds. But can the PTAB rely on SAS to retroactively deny institution? A recen...