Earlier today, the Precedential Opinion Panel (POP) of the United States Patent and Trademark Office (USPTO) overruled the institution decision of the Patent Trial and Appeal Board (PTAB) in GoPro, Inc. v. 360Heros, Inc., IPR2018-01754, which related to U.S. Patent No. 9,152,019. Substantively, with respect to the determination that any federal pleading filed will trigger the running of the time-bar clock of Section 315(b), the POP explained that GoPro’s arguments would require terms not present in the statute to be read into the statute (i.e., “complaint” to be read as “proper complaint”). Further, the POP explained that GoPro failed to demonstrate that a complaint filed without proper Article III standing is considered a legal nullity for the purpose of Section 315(b)’s time bar.
- Clause 8: Ed Murgitroyd on Disrupting IP Services and Leading a Publicly Traded IP Law Firm
- USPTO Names New Advisory Board Members on Heels of PPAC Report Forecasting Downward Trend in Finances
- APPLE JAZZ Trademark Fight Continues at CAFC
- Straight to the Prompt: IP Lawyers Must Develop AI Skills NOW
- This Week in Washington IP: Evaluating the U.S.’s Role in IP Leadership, CHIPS Act Successes and Semiconductor Production, and the White House Policy on AI