Kevin Mosier

Kevin Mosier focuses his practice on patent litigation.

Recent Posts

The Patent Office POPs the Door Open for Same-Party Joinder

Posted by Kevin Mosier on Apr 1, 2019

Kevin Mosier

In September 2018, the Patent Office created the Precedential Opinion Panel (or “POP”) to increase transparency and predictability of proceedings before the PTAB by establishing precedent that would guide all PTAB judges. In March 2019, the POP released its first opinion, which held that the PTAB may, in limited circumstances, join both a petitioner to a proceeding in which it is already a party and join new issues to an existing proceeding.

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Topics: PTAB, POP, Precedential Opinion Panel

All or Nothing: PTAB Must Institute IPR on All Challenged Claims and Grounds, or None at All

Posted by Kevin Mosier on Jan 29, 2019

Kevin Mosier

This past year, the Supreme Court in SAS Institute v. Iancu held that once the PTAB institutes an IPR trial its subsequent final written decision must address all claims challenged in the petition. The Court explained that its holding was compelled by a plain reading of 35 U.S.C. § 318(a), which states that the PTAB must issue a final written decision on “any patent claim challenged by the petitioner.” SAS Institute did not decide, however, whether the PTAB’s final written decisions must also address all grounds raised in a petition. The Federal Circuit has subsequently provided a clearer answer.

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Topics: Patent Owners, IPR, PTAB

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This blog is intended to promote thought and debate on developing areas of the law. The opinions, commentary and characterizations of cases provided on this blog are not legal advice and do not represent the opinions of Wolf Greenfield or its clients.