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.
Recent Posts
- Squires’ Responses to Senate Judiciary Committee Focus on Balance, Backlog and ‘Born Strong’ Patents
- USPTO Study into Applications with Large Patent Families Raises Questions
- Agency’s Acting Deputy Director Says It’s Back to Basics for the USPTO
- Quantum Computers and the Evolution of AI | IPWatchdog Unleashed
- Second C4IP Congressional Scorecard Finds Pro-Innovation Efforts Lacking Among Most DC Lawmakers