PTAB Strategies and Insights – November 2019

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 you will find three articles covering:

• A factual overview and discussion of the implications associated with the Federal Circuit’s decision in Arthrex v. Smith & Nephew holding that Administrative Law Judges at the Patent Trial and Appeal Board are improperly appointed;
• A review of GAT v. Wargaming in which the Federal Circuit further clarified what constitutes ‘service’ for purposes of triggering the § 315(b) time-bar;
• A discussion of the Federal Circuit’s precedential decision in TQ Delta v. Cisco, which addressed the evidence needed to establish a motivation to combine prior art references.

We welcome feedback and suggestions about this newsletter to ensure we are meeting the needs and expectations of our readers. So if you have topics you wish to see explored within an issue of the newsletter, please reach out to me.

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