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.
- Perryman PTAB Study for Unified Patents Leaves Out Half of the Story
- Patents are from Mars, Trade Secrets are From Venus
- The Rise of Australia’s Small Boutique Patent and Trademark Firms
- Tech Companies Should Strongly Consider Monetizing Their Patent Portfolios During the Economic Downturn
- (Not) Copyright Infringement: Is dbrand Infringing Nintendo’s IP?
- The Re-Written American Axle Opinion Does Not Bring Peace of Mind for Section 101 Stakeholders
- Federal Circuit Clarifies That Standard-Essentiality is A Question for the Factfinder
- Other Barks & Bites for Friday, August 7: USPTO Increases Fees for Patent Filings and AIA Trials, State AGs Ask HHS to March-In on Remdesivir, CAFC Denies American Axle Rehearing
- No, You Can’t March in On Remdesivir
- Google v. Oracle Perspective: Google’s Android ‘Cheat Code’ was to Copy Oracle’s Code