ARE PTAB Alert:PTAB Judges Deny Institution of IPRs and Reject Their Role as “Archeologists” of the Record

On November 18, 2019, the Patent Trial and Appeal Board (the “PTAB”) denied institution of a series of inter partes review (“IPR”) proceedings brought by Petitioner Lifescan Global Corporation (“Petitioner”) against Patent Owner PHC Holdings Corporation’s (“Patent Owner”) biosensor patents: Patent Nos. 8,480,878 B2 (the “’878 patent”) and 8,349,157 B2 (the “’157 patent”). (IPR2019-01127, and […]

ARE Patent Law Alert:The US Supreme Court Holds that the USPTO Cannot Be Reimbursed for Salaries of Its Legal Personnel in Appeals Under § 145 of the Patent Act

Supreme Court of the United States unanimously held in Peter v. NantKwest, Inc. that the term “expenses” in 35 U.S.C. § 145 does not include attorney’s fees, and that the United States Patent and Trademark Office (“USPTO”) cannot recover the salaries of its attorneys and paralegals in appeals brought under that section of the Patent […]