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In Nespresso USA, Inc. v. K-fee System GmbH, IPR2021-01222, Paper 9, at 25 (PTAB Jan. 18, 2022), the Board denied institution under 35 U.S.C. § 325(d), rejecting Petitioner's argument that "the examiner erred by...
In January, the Patent Trial and Appeal Board issued 43 IPR, CBM, and PGR Final Written Decisions including decisions following remands from the Federal Circuit, cancelling 509 (78.07%)...
A Patent and Trademark Office director confirmation may solve some problems, but it's not yet clear how discretionary review will continue to evolve.
In Mati Therapeutics, Inc. v. Ocular Therapeutix, Inc., the Federal Circuit issued a Rule 36 opinion affirming the Patent Trial and Appeal Board's ("PTAB's") Final Written Decision ("FWD") holding all challenged claims unpatentable.
In August, the Patent Trial and Appeal Board issued 37 IPR, CBM, and PGR Final Written Decisions including decisions following remands from the Federal Circuit, cancelling 166 (44.39%) instituted claims ...