^{Photo Credit: Anita Faurot © 2008}

TRIALS & APPEALS

The U.S. Patent Trials & Appeals Board (PTAB) is an entity within the U.S. Patent & Trademark Office (USPTO), and is staffed by Administrative Patent Judges (APJ’s).  As its name suggests, the PTAB has statutory authority for two categories of proceedings: it decides post-issuance patentability challenges in America Invents Act (AIA) trials; it also renders decisions on appeals by applicants from adverse pre-grant patentability decisions by patent application examiners.  Mr. Olsen represents clients in both types of proceedings.

AIA Post-Grant Trials at the PTAB

Developmental Technologies, LLC (Petitioner) v. E.M.P. Enterprises, Inc. (Patent Owner), IPR2021-01534.  Mr. Olsen represented Petitioner DTL to challenge the grant of U.S. Patent No. 10,091,956 (Subsurface Irrigation Systems and Methods).  The PTAB rendered a favorable institution decision on June 1st, 2022, and entered judgment against E.M.P. on September 6th, 2022 (all claims cancelled).  

Developmental Technologies, LLC (Petitioner) v. DuPont Safety and Construction, Inc. (Patent Owner), PGR2018-00102.  Mr. Olsen represented Petitioner DTL to challenge the grant of U.S. Patent No. 9,848,543 (System and Method for Irrigation).  The PTAB rendered a favorable institution decision on April 3rd, 2019, and entered judgment against DuPont on December 30th, 2019 (all claims cancelled).

Appeal of Examiner’s Rejections to the PTAB

Ex Parte Paul Stuart Swengler, Appeal 2017-000754.  Mr. Olsen appealed rejections related to an electronic file management system and method.  The PTAB reversed the patent examiner with respect to all appealed claims, leading to grant of U.S. Patent No. 9,646,013 on May 9th, 2017.

Ex Parte Hanna Fouad [Abi-Saleh], Appeal 2016-003645.  Mr. Olsen appealed rejections related to a user-configurable calculator.  The PTAB reversed the patent examiner in part, leading to grant of U.S. Patent No. 9,632,699 on April 25th, 2017.

Ex Parte Eric Villa Bohms, Appeal 2015-007118.  Mr. Olsen appealed rejections related to an interactive video production and retrieval system.  The PTAB reversed the patent examiner in part, leading to grant of U.S. Patent No. 9,652,476 on May 16th, 2017.

Ex Parte Ronald G. Murdock, John D. MacKay, and Douglas A. Cummins, Appeal 2014-008355.  Mr. Olsen appealed rejections related to a GPS-denied targeting system and method.  The PTAB reversed the patent examiner in part, leading to grant of U.S. Patent No. 9,606,219 on March 28th, 2017.

Ex Parte Dennis Brian Rooks, Appeal 2013-001555.  Mr. Olsen appealed rejections related to a scheduling system and method.  The PTAB reversed the patent examiner with respect to all appealed claims, leading to grant of U.S. Patent No. 8,428,991 on April 23rd, 2013.

Patent Proceedings in Foreign Jurisdictions

Mr. Olsen also represents clients in challenges against competitor patent properties outside of the U.S.  For instance, he has made multiple third-party prior art submissions in competitor’s international patent applications.  Mr. Olsen has also engaged foreign patent counsel to make third-party observations in foreign patent applications, and to file post-grant oppositions and re-examination requests in foreign patents.