Matthew Galica

Matthew Galica

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PTAB Presses Pause On All Arthrex Remands

On Friday, May 1, 2020, Chief Administrative Patent Judge Scott R. Boalick of the Patent Trial and Appeal Board (“PTAB”) paused all activity in the significant number of PTAB cases remanded to it from the Federal Circuit...more

5/13/2020  /  Administrative Patent Judges , Appointments Clause , Constitutional Challenges , Inter Partes Review (IPR) Proceeding , Patent Trial and Appeal Board , Petition for Writ of Certiorari , Post-Grant Review , Remand , Vacated

Federal Circuit Denies En Banc Rehearing of Panel Decision in Arthrex, Which Held PTAB Appointments Were Unconstitutional

This week the en banc Federal Circuit declined to revisit a panel ruling that found the appointment of Administrative Patent Judges (“APJs”) of the Patent Trial and Appeal Board (“PTAB”) violates the Appointments Clause of...more

3/25/2020  /  Administrative Patent Judges , Appointments Clause , Constitutional Challenges , Denial of Rehearing , En Banc Review , Patent Trial and Appeal Board , Patents , Remand , Vacated

USPTO Publishes New Rule Governing Privilege for Patent Attorneys and Agents

Earlier this week, the United States Patent and Trademark Office (“USPTO”) published a new rule governing when privilege exists for communications between clients and their domestic or foreign patent attorneys and patent...more

11/15/2017  /  Attorney-Client Privilege , Discovery , Foreign Jurisdictions , Foreign Patent Applications , Inter Partes Review (IPR) Proceeding , New Rules , Patent Trial and Appeal Board , USPTO

Patent-Agent Privilege and the USPTO’s Proposed New Rule

Several recent court decisions have shed light on the patent agent privilege, and now the U.S. Patent and Trademark Office (USPTO) is seeking to weigh-in on the issue....more

11/1/2016  /  Breach of Contract , Discovery , Patent Agent Privilege , Patent Litigation , Patent Trial and Appeal Board , Patents , Popular , Proposed Amendments , USPTO

Westlake Services v. Credit Acceptance: PTAB’s Precedential Decision to Apply Estoppel on a Claim-by-Claim Basis

The Patent Trial and Appeal Board recently designated as precedential its decision in Westlake Services, LLC v. Credit Acceptance Corp., CBM2014-00176, Paper 28 (PTAB May 14, 2015) addressing the scope of estoppel under 35...more

1/26/2016  /  CLS Bank v Alice Corp , Covered Business Method Proceedings , Estoppel , Patent Litigation , Patent Trial and Appeal Board , Patent-Eligible Subject Matter , Post-Grant Review , Precedential Opinion , SCOTUS
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