Bernard Knight

Bernard Knight

McDermott Will & Emery

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USPTO Publishes New PTAB Trial Rules

Today, the U.S. Patent and Trademark Office (USPTO) published in the Federal Register a final rule to amend the existing rules of practice for inter partes review, post-grant review, the transitional program for covered...more

4/4/2016 - America Invents Act Claim Construction Covered Business Method Proceedings Inter Partes Review Proceedings Patent Litigation Patent Owner Preliminary Response Patent Trial and Appeal Board Patents Post-Grant Review USPTO

What Happens on Remand of a PTAB Inter Partes Review Decision from the Federal Circuit? - Microsoft Corp. v. Proxyconn, Inc.

In Microsoft Corp., v. Proxyconn, Inc. (IP Update, Vol. 18, No. 7), the U.S. Court of Appeals for the Federal Circuit recognized that there are limits to the broadest reasonable interpretation standard, and explained, “[t]hat...more

2/16/2016 - Broadest Reasonable Interpretation Standard Claim Construction Determination on Remand Inter Partes Review Proceedings Microsoft Patent Invalidity Patent Litigation Patent Trial and Appeal Board

New PTAB Trial Rules Proposed

On August 19, 2015, the U.S. Patent and Trademark Office (USPTO) published a proposal to amend the existing rules of practice for inter partes review (IPR), post-grant review (PGR), the transitional program for covered...more

9/3/2015 - America Invents Act Broadest Reasonable Interpretation Standard Claim Construction Comment Period Covered Business Method Proceedings Duty of Candor Expert Testimony Inter Partes Review Proceedings Patent Infringement Patent Litigation Patent Owner Preliminary Response Patent Trial and Appeal Board Patents Post-Grant Review Proposed Amendments Trials USPTO

USPTO Proposes New PTAB Trial Rules

Yesterday, the U.S. Patent and Trademark Office (USPTO) published a proposed rule to amend the existing rules of practice for inter partes review, post-grant review, the transitional program for covered business method...more

8/21/2015

Patent Trial and Appeal Board Claim Construction Cannot Be Unreasonable - Microsoft Corp., v. Proxyconn, Inc.

Although the U.S. Court of Appeals for the Federal Circuit has held that the U.S. Patent and Trademark Office Patent Trial and Appeal Board (PTAB or Board) has the authority to use the broadest reasonable interpretation claim...more

8/3/2015 - Appeals Broadest Reasonable Interpretation Standard Claim Construction Inter Partes Review Proceedings Microsoft Motion to Amend Patent Trial and Appeal Board Patents Prior Art Rule 36 USPTO

Federal Circuit Reverses Patent Trial and Appeal Board Claim Construction as Unreasonable

Although the U.S. Court of Appeals for the Federal Circuit has held that the U.S. Patent and Trademark Office Patent Trial and Appeal Board has the authority to use the broadest reasonable interpretation claim construction...more

6/18/2015 - Claim Construction Intellectual Property Litigation Microsoft Patent Litigation Patent Trial and Appeal Board Patents Standard of Review USPTO

New Amendments to USPTO Post-Grant Regulations

On May 19, 2015, the United States Patent and Trademark Office (USPTO) issued a final rule amending its regulations that apply to post-grant proceedings. These new rules deal with ministerial changes such as increasing page...more

5/20/2015 - Covered Business Method Patents Covered Business Method Proceedings Patent Applications Patent Trial and Appeal Board Patents Post-Grant Review USPTO

Pending Patent Legislation—Round Two of Patent Reform

The U.S. Congress is once again poised to enact a new round of patents reforms. It is important to know the potential impact the legislation could have on your intellectual property portfolio and to be prepared to act....more

1/17/2014 - Bad Faith Fees Innovation Act Patent Ownership Patent Reform Patent Trolls Patents Post-Grant Review

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