Brian A. Jones Brian A. Jones

Subscribe to Brian A. Jones's Posts
Brian A. Jones focuses his practice on patent litigation and prosecution. He has industry experience in electronic circuit design, systems integration and quality assurance, spanning the industries of wireless communication systems, electronic control systems and automotive electronics. Brian has represented clients in federal district court actions, inter partes reviews before the US Patent Trial and Appeal Board (PTAB) of the US Patent and Trademark Office (USPTO), Section 337 investigations of the US International Trade Commission, and appeals before the US Court of Appeals for the Federal Circuit. Read Brian A. Jones's bio.

PTAB Sets Double Standard for Qualifying Reference as “Printed Publication”


By on Apr 15, 2020
Posted In Patents

The Patent Trial and Appeal Board (PTAB) designated an appeal decision as precedential, holding that an examiner may apply a lower standard for establishing public availability of a prior art reference as compared to a petitioner in an inter partes review (IPR). Ex parte Grillo-López, Appeal No. 2018-006082 (USPTO Jan. 31, 2020) (Chang, APJ) (denying...

Continue Reading



PTAB Designates Two Opinions Precedential and One Opinion Informative, Further Clarifying the Scope of the Board’s Discretion under § 325(d) to Decline Institution


By on Apr 9, 2020
Posted In America Invents Act, Patents

Addressing the scope of the Patent Trial and Appeal Board’s (“Board”) discretion under 35 U.S.C. § 325(d) to deny institution, the Board designated three opinions as precedential or informative.

Continue Reading



Federal Circuit Confirms Time Bar Under § 315(b) Is Waivable


By on Feb 27, 2020
Posted In America Invents Act, Patents

Notwithstanding the jurisdictional nature of the time bar under § 315(b), the US Court of Appeals for the Federal Circuit determined that a party may waive a time bar argument if it failed to raise the issue with the Patent Trial and Appeal Board (PTAB) during the inter partes review (IPR) proceeding. Acoustic Tech. Inc. v....

Continue Reading



Determination of ‘Exceptional’ Under § 285 Must Be Made at the ‘Case’ Level


By on Jan 15, 2020
Posted In Patents

Addressing the proper test for shifting fees under 35 U.S.C. § 285, the US Court of Appeals for the Federal Circuit held that a district court erred when it shifted fees to the accused infringer because the district court found that only a series of events was exceptional but did not determine that the “case ”...

Continue Reading



PTAB Issues Updated Trial Practice Guide: Yearly Updates Expected


By on Jan 3, 2020
Posted In Uncategorized

On November 20, 2019, the Patent Trial and Appeal Board (PTAB) issued updated guidance for trial procedures in inter partes review (IPR) and post grant review (PGR) proceedings at the US Patent and Trademark Office in the new edition of the Trial Practice Guide. For easier reading and greater consistency, the new edition incorporates the prior updates released in...

Continue Reading



BLOG EDITORS

STAY CONNECTED

TOPICS

ARCHIVES