Matthew Johnson

Dec 14, 2024 | openlegalblogarchive.org | Matthew Johnson

Visit Jones Day’s PTAB Litigation blog at www.ptablitigationblog.com. By Adam Cook and Matt Johnson –The Patent Trial and Appeal Board (“PTAB”) denied institution in an inter partes review (“IPR”), finding that an online store’s assertion regarding when a product was “first available” is by itself insufficient evidence of enabling disclosure that qualifies as a printed publication. See Vectair Systems Inc. v. Fresh Products, Inc., No. IPR2024-00824, Paper 9 (P.T.A.B. Nov. 12, 2024).

Jul 2, 2024 | mondaq.com | Matthew Johnson |Sabrina Bellantoni

Recently, District Court Judge Thomas S. Zilly in the Western District of Washington granted Ironburg Inventions Ltd.'s ("Ironburg") motion for inter partes review ("IPR") estoppelpursuant to 35 U.S.C. § 315(e)(2), which precludes Valve Corporation ("Valve") from arguing non-petitioned grounds of invalidity of asserted patent claims in U.S. Patent No. 8,641,525 B2 in Ironburg Inventions Ltd. v. Valve Corporation, No. 2:17-CV-01182. See D.I. 544; 545.

May 31, 2024 | mondaq.com | Lauren Kim |Matthew Johnson

The PTAB recently denied 10x Genomics, Inc.'s (Petitioner) IPR petition (IPR2023-01299) against President and Fellows of Harvard College (Patent Owner) challenging claims of U.S. Pat. No. 11,098,303. Patent Owner identified itself and Vizgen, Inc., the exclusive licensee of the '303 patent, as real parties-in-interest. In 10x Genomics, Inc. v.

May 9, 2024 | mondaq.com | Matthew Johnson |Evan Jones |Daniel Sloan

On April 19, 2024, the USPTO issued a Notice of Proposed Rulemaking (the "Notice") regarding discretionary denial in post-grant proceedings and other issues. The Notice addresses stakeholder feedback responsive to the USPTO's October 2020 Request for Comments and its April 2023 Advance Notice of Proposed Rulemaking (covered here).

Jan 9, 2024 | mondaq.com | Sabrina Bellantoni |Matthew Johnson

In a recent decision, the Patent Trial and Appeals Board found that the disputed claims regarding transferring digital content were not unpatentable under 35 U.S.C. § 103(a) after determining that the prior art cited by the petitioner did not antedate the corroborated conception date of the disputed claims. Unified Patents, LLC v. Flexiworld Technologies, Inc., IPR2022-00775, Paper 41 (November 1, 2023).