Jonathan Bowser Oct 19, 2017 | Inter Partes Review, Motions to Amend
By statute, the Patent Trial and Appeal Board (PTAB) is required to issue a final written decision within one year of the date on which an inter partes review (IPR) is instituted. 35 U.S.C. § 316(a)(11). However, Congress granted the Director of the Patent Office... read more
Kimberly Coghill and Jonathan Bowser Oct 10, 2017 | Appeals, Inter Partes Review, Motions to Amend
On October 4, 2017, the Federal Circuit, sitting en banc, issued its long-awaited decision in Aqua Products, Inc. v. Matal. Appeal No. 2015-1177. The court was fractured in its analysis, issuing five opinions. Seven judges, a majority of the en banc court, determined... read more
Jonathan Bowser Sep 22, 2017 | General
On Tuesday, September 12, 2017, the Patent Trial & Appeal Board (PTAB) conducted a special “Boardside Chat” webinar with Chief Judge David Ruschke. Todd Walters represented the American Bar Association Intellectual Property Law Section (ABA-IPL). The program,... read more
Roger Lee Aug 3, 2017 | Estoppel, Inter Partes Review
Recently, the PTAB designated the following decision as precedential: Athena Automation Ltd. v. Husky Injection Molding Sys. Ltd., IPR2013-00290, Paper 18 (PTAB Oct. 25, 2013) (precedential only as to Section II.A). Athena holds that the doctrine of assignor estoppel... read more
Roger Lee Jul 14, 2017 | Appeals, Inter Partes Review
In EmeraChem Holdings LLC v. Volkswagen Group of Am. Inc., No. 2016-1984 (Fed. Cir. 2017), the Federal Circuit faulted the Patent Trial and Appeal Board (“PTAB”) for violating the Administrative Procedure Act (“APA”) in an inter partes review (“IPR”) proceeding. The... read more
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