PTAB Designates Three Decisions as Precedential
Written April 19, 2019
The USPTO on April 16, 2019, designated three PTAB decisions as precedential.
In Adello v. Amgen, the Board determined that the Petitioners’ update to the Mandatory Notices was permissible under § 322(a)(2) without assigning a new filing date to the Petition because the Petitioners did not act in bad faith in omitting the RPI from the Mandatory Notices.
In Proppant Express v. Oren Technologies, the Board determined that the Petition was not time-barred under § 315(b) in view of the Federal Circuit’s guidance in Applications in Internet Time (AIT) because the RPI that the Petitioner added to its mandatory notices would not have been time-barred if named at the time the Petition originally was filed.
In Ventex v. Columbia Sportswear, the Board determined that the Petition was time-barred under § 315(b) in view of AIT because the Petitioner failed to name an RPI and privy that would have been time-barred if named at the time the Petition originally was filed.
In Adello v. Amgen, the Board determined that the Petitioners’ update to the Mandatory Notices was permissible under § 322(a)(2) without assigning a new filing date to the Petition because the Petitioners did not act in bad faith in omitting the RPI from the Mandatory Notices.
In Proppant Express v. Oren Technologies, the Board determined that the Petition was not time-barred under § 315(b) in view of the Federal Circuit’s guidance in Applications in Internet Time (AIT) because the RPI that the Petitioner added to its mandatory notices would not have been time-barred if named at the time the Petition originally was filed.
In Ventex v. Columbia Sportswear, the Board determined that the Petition was time-barred under § 315(b) in view of AIT because the Petitioner failed to name an RPI and privy that would have been time-barred if named at the time the Petition originally was filed.