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Articles by Trent W. Merrell
PTAB Strategies and Insights - January 2021: Petitioner's District Court Stipulation Results in PTAB Trial Institution Under the PTAB's Fintiv Analysis | Sterne, Kessler, Goldstein & Fox P.L.L.C. - JDSupra
In December 2020, the Patent Trial and Appeal Board’s (“PTAB” or “Board”) designated an opinion as precedential (Sotera Wireless, Inc. v. Masimo Corporation),[i] where the Board instituted trial, i.e., did not exercise its discretion to deny institution under 35 U.S.C. § 314(a), after carefully considering the unique facts of a parallel district court proceeding.
PTAB Strategies and Insights - January 2021: Patent Owner's District Court Disavowal Moots Petitioner's PTAB-Based CAFC Appeal Under Doctrine of Voluntary Cessation | Sterne, Kessler, Goldstein & Fox P.L.L.C. - JDSupra
In ABS Global, Inc. v Cytonome/ST, LLC, the Federal Circuit dismissed a Petitioner’s appeal from a U.S. Patent Trial and Appeal Board (“PTAB”) final written decision when it determined that a Patent Owner’s voluntary cessation in its district court action mooted the PTAB case.
PTAB Strategies and Insights - January 2021 | JD Supra
The PTAB Strategies and Insights newsletter provides timely updates and insights into how best to handle proceedings at the USPTO. It is designed to increase return on investment for all stakeholders looking at the entire patent life cycle in a global portfolio.
PTAB Strategies and Insights - September 2020: Does the Federal Circuit Treat APA Challenges Differently if Brought by Petitioner vs. Patent Owner? Yes. | Sterne, Kessler, Goldstein & Fox P.L.L.C. - JDSupra
Last month’s newsletter discussed Alacritech, Inc. v. Intel Corp, where patent owner Alacritech appealed a final written decision (FWD) of the Patent Trial and Appeal Board (“Board”) for inter partes review (IPR) IPR2017-01410 alleging Administrative Procedure Act (APA) violations—and won. This month we compare that decision to FanDuel, Inc. v. Interactive Games LLC, where petitioner FanDuel appealed a FWD of IPR2017-01491 alleging similar APA violations—and lost.
PTAB Strategies and Insights - August 2020 | JD Supra
The PTAB Strategies and Insights newsletter provides timely updates and insights into how best to handle proceedings at the USPTO. It is designed to increase return on investment for all stakeholders looking at the entire patent life cycle in a global portfolio. This month we cover: - The PTAB's obligation to address the core issues in dispute; and - Appeals scrutinize PTAB fee and compensation structure... Please see full Newsletter below for more information.
PTAB Strategies and Insights - July 2020: Nexus: the PTAB's Objective Indicia of Non-Obviousness Analysis Under Fox Factory Designated as Precedential | Sterne, Kessler, Goldstein & Fox P.L.L.C. - JDSupra
As reported in our December 2019 newsletter, in Lectrosonics v. Zaxcom[i] the Patent Trial and Appeal Board (PTAB or Board) granted Zaxcom’s motion to amend and, under a nexus-analysis framework, found each of the substitute claims to be patentable because there was sufficient nexus between the objective indicia and the claims. After the December article published, the Board’s analysis under Fox Factory[ii] regarding nexus to objective indicia of non-obviousness was made precedential.
PTAB Strategies and Insights - July 2020 | JD Supra
The PTAB Strategies and Insights newsletter provides timely updates and insights into how best to handle proceedings at the USPTO. It is designed to increase return on investment for all stakeholders looking at the entire patent life cycle in a global portfolio.
Should USPTO Be Able to Make New Law Without Rulemaking | JD Supra
Since arriving at the USPTO, Director Iancu has tried to bring clear messages and consistency to the Office. For purposes of this article, we concentrate on the new POP procedures for Board case law and rules, and how the Federal Circuit has treated them. Contrasting Proppant (POP) and Windy City (Fed Cir) The contrasting positions of the Federal Circuit and Director Iancu are highlighted by comparing the POP’s decision in Proppant v.
2019 PTAB Year in Review: Analysis & Trends: The PTAB’s Evolving Evidentiary Standards: Printed Publications at the Institution Phase | JD Supra
Summary The PTAB’s evolving evidentiary standards often perplex petitioners and patent owners. Historically, significant party effort has gone into attempting to establish that non-patent literature, such as articles, textbooks, conference proceedings, and the like qualified as a printed publication. Often times this was a frustrating exercise in futility given the lack of reasonable certainty as to what a particular panel would require.
PTAB Strategies and Insights - November 2019: The Board's Reliance on Expert's Conclusory Statements May Not Meet Substantial Evidence for Motivation to Combine | Sterne, Kessler, Goldstein & Fox P.L.L.C. - JDSupra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
PTAB Strategies and Insights - November 2019: Arthrex Decision - Overview of Facts and Implications | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
PTAB Strategies and Insights - November 2019 | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
PTAB Section 325d Part III
This is the third of a three-part series discussing developments around Section 325(d). Part one appeared in our October 2017 newsletter and part two appeared in our November 2017 newsletter. As we have noted in each of the past two newsletters, things seem to be “looking up” for Patent Owners. The USPTO recently published statistics for the fiscal year 2017 and institution rates have dropped again. Given recent trends and PTAB activity, we expect that institution rates will continue to drop.
PTAB AIA Section 325
This is the second of a three-part series discussing developments around Section 325(d). Part one appeared in our October 2017 newsletter and part three will appear in our December 2017 newsletter.
Congress PTAB Discretionary Power
This is the first of a three-part series discussing developments around Section 325(d). Part two will appear in our November 2017 newsletter and part three will appear in our December 2017 newsletter.
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