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USPTO COVID-19 related announcements

5/8/2020

1. On May 8, 2020, PTO announced a new Prioritized Examination Pilot Program for small and micro entities without payment of the typical fees associated with other prioritized examination.
2. On May 8, 2020, PTO allowed filing of plant patent applications via EFS.
3. On May 6, 2020, PTO launched a web-based platform to identify patents that may be useful in technologies to combat COVD-19.
4. On May 5, 2020, PTO released a form to assist with making a statement of delay due to COVID-19.

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ipr petitioners cannot seek new hearing post Arthrex

5/5/2020

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On May 6, 2020, the Federal Circuit issued an order denying Caterpillar's motion to vacate and remand for a new hearing before a differently constituted panel in light of Arthrex, Inc. v. Smith & Nephew, Inc., 941 F.3d 1320 (Fed. Cir. 2019). In denying the motion, the court reasoned that the panel members became constitutional prior to issuing the final written decision. Caterpillar Paving Products Inc. v. Wirtgen Am., Inc., No. 2020-1261 (Fed. Cir.). Order available here.

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PTAB designates decision as precedential

5/5/2020

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PTAB designated Apple Inc. v. Fintiv, Inc., IPR2020-00019, Paper 11 (March 20, 2020) as precedential. The order discusses the six factors the PTAB considers in determining whether to exercise its discretion to institute review when there is a related proceeding pending in district court. These include: (1) whether the court granted a stay or evidence exits that one may be granted if proceeding is instituted (2) proximity of the court's trial date to the Board's projected statutory deadline for a final written decision (3) investment in parallel proceeding by the court and the parties (4) overlap between issues raised in the petition and in the parallel proceeding (5) whether the petitioner and the defendant in the parallel proceeding are the same party; and (6) other circumstances that impact the Board's exercise of discretion, including the merits.
The Board also de-designated Oracle Corp. v. Click-to-Call Techs. LP, IPR2013-00312, Paper 26 (Oct. 30, 2013) in view of the Board's Precedential Opinion Panel (POP) decision in GoPro, Inc. v. 360Heros, Inc., IPR2018-01734, Paper 38 (Aug. 23, 2019)

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USPTO COVID-19 related announcements

ipr petitioners cannot seek new hearing post Arthrex

PTAB designates decision as precedential

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