USPTO Leadership

• Drew Hirshfeld is still performing the functions and duties of Director. President Biden nominated Kathi Vidal to be the next Director and the Senate Judiciary Committee has forwarded her nomination to the full Senate.

USPTO News

• On February 1, the USPTO launched a new Patent Public Search tool for searching U.S. patents and published applications. The Patent Public Search tool’s website includes FAQs and training resources for users of the tool.
• The USPTO published a report on “Patenting activity by companies developing 5G,” which found that no single company is dominating 5G patenting activity. The report focused on activity in four technology areas related to 5G:  Management of Local Wireless Resources, Multiple Use of Transmission Path, Radio Transmission Systems, and Information Error Detection or Error Correction in Transmission Systems.
• The USPTO is seeking nominations for National Medal of Technology and Innovation, which can be submitted using the USPTO’s nomination portal through May 20.
• On February 3, the USPTO Director’s Forum blog outlined new resources for inventors to learn about the PTAB.
• The USPTO published a new “Expungement and reexamination petitions received” webpage listing all trademark registrations in which a petition for expungement or reexamination was submitted.
• The USPTO has transitioned to using Microsoft Teams for most virtual interactions, including outreach events and interviews with patent examiners. 

Notices, Guidance, and Requests

• National Medal of Technology and Innovation Nomination Evaluation Committee Charter Renewal, 87 Fed. Reg. 33 (Feb. 17, 2022).

Final Rules

• There are no new final rules.

Interim Rules

• There are no interim rules.

Proposed Rules

• There are no proposed rules.

PTAB Decisions

• New Precedential PTAB Decisions

• There are no new informative PTAB decisions.

• New Informative PTAB Decisions

• There are no new informative PTAB decisions.

New Requests for POP Review

• Patent Quality Assurance, LLC v. VLSI Technology LLC (IPR2021-01229) [Requesting POP review of Institution Decision, presenting the questions of “[w]hether the Office should exercise its discretion to deny institution of petitions filed substantially for the purpose of harassing patent owners who prevail in Article III courts, such as re-filings of previously rejected petitions by newly formed entities seeking to extract compensation in exchange for withdrawing such abusive challenges,” which “is identical to the first question raised in VLSI’s Precedential Opinion Panel Request in IPR2021-01064.”]
• PNC Bank, NA v. United Servs. Auto. Ass’n (IPR2021-01071; IPR2021-01076) [Requesting POP review of Institution Decision, presenting the question of “[w]hether the Board erred in denying institution of inter partes review when it applied an incorrect legal standard to find written description support for the claimed subject matter because ‘a person of ordinary skill in the art could readily recognize’ the genus from disclosure of only a single enumerated species, contrary to controlling Federal Circuit precedent confirming that ‘the four corners’ of the specification must demonstrate that ‘the inventor actually invented the invention claimed.’” (emphasis in original)]*
• Palo Alto Networks, Inc. v. Centripetal Networks, Inc. (IPR2021-01155; IPR2021-01156) [Requesting POP review of Institution Decision, presenting the question of “[w]hether parties can thwart statutory and agency regulations directed to duties of candor with disingenuous designations of litigation pleadings as ‘Highly Confidential – Attorneys’ Eyes Only,’ where such materials constitute direct evidence of a violation of the Duty of Candor, and where the agency allows for such confidential filings to be maintained under seal as ‘Board’s Eyes Only’?”]

*WilmerHale represents PNC Bank in the IPRs and POP request.