Fabian M. Koenigbauer

Fabian M. Koenigbauer

Venable LLP

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Federal Circuit to Review PTAB Post-Grant Review Proceedings in SAP v. Versata: PTAB Jurisdiction; Grounds on Which Invalidity May...

On September 16, 2012, post-grant proceedings became available as means to challenge patent validity pursuant to the America Invents Act. The post-grant proceedings take place before the Patent Trial and Appeal Board...more

4/24/2014 - America Invents Act Covered Business Method Patents Inter Partes Review Proceedings Patent Litigation Patent Reform Patent Trial and Appeal Board Patents Post-Grant Review

First AIA Roundtable Hints at More Conservative Approach to PTAB Review

On April 15, 2014, the Patent Trial and Appeal Board (“PTAB”) hosted the first in a series of eight scheduled roundtable discussions intended to share information about the new America Invents Act (“AIA”) trials, including...more

4/24/2014 - America Invents Act Covered Business Method Patents Inter Partes Review Proceedings Patent Litigation Patent Trial and Appeal Board Patents Post-Grant Review

10 Reasons Every Defendant in Patent Litigation Should Consider Inter Partes Review

Numerous articles and practitioners are touting inter partes review (IPR) proceedings, and for good reason. Here is a quick breakdown of why these proceedings are considered pro-petitioner and why every patent infringement...more

4/24/2014 - Inter Partes Review Proceedings Patent Litigation Patent Trial and Appeal Board Patents

IP Buzz - January 2014

In this issue: - Supreme Court Loads Up IP Docket - Federal Circuit Clarifies Calculation of Patent Term Adjustment for Applications with Continued Examination Requests - Chipotle Case Gives Hope Against...more

2/4/2014 - Chipotle Grill Class Action Patent Litigation Patent Term Adjustment Patent Terms Patents Request for Continued Examination SCOTUS USPTO

Federal Circuit Clarifies Calculation of Patent Term Adjustment for Applications with Continued Examination Requests

In a recent ruling, the Federal Circuit clarified the scope of available Patent Term Adjustment (PTA) resulting from the U.S. Patent and Trademark Office's (PTO) failure to issue a patent within three years from the date the...more

1/29/2014 - Novartis Patent Litigation Patent Term Adjustment Patent Terms Patents Request for Continued Examination USPTO

What You Need to Know about the USPTO’s Final Rules and Examination Guidelines for the First-to-File Provisions of the Leahy-Smith...

The USPTO’s final rules and examination guidelines for the first-to-file provisions of the Leahy-Smith America Invents Act, which was issued on February 14, 2013, contain several provisions that require Applicant action or...more

3/25/2013 - America Invents Act First-to-File Foreign Priority Applications Patent Applications Patent Reform Patents USPTO

IP Buzz - February 2013

In this issue: - New USPTO Patent Fees Take Effect March 19, 2013 - Federal Circuit Clears a Path for Defendant Motions to Transfer with In re EMC Corp. Order - Kirtsaeng v. John Wiley & Sons, Inc.: A Brief...more

2/28/2013 - Patent Fees Patents Transfer of Venue USPTO

New USPTO Fees Effective March 16, 2013

The U.S. Patent and Trademark Office (“USPTO”) recently revealed a revised fee schedule which changes the fees for any fee paid on or after March 19, 2013. While this is the first time the USPTO has set its own fees since...more

2/8/2013 - America Invents Act Filing Fees Patent Fees Patent Reform Patents USPTO

IP Buzz - January 2013

In this issue: - The Patent-Antitrust Interface: Are There Any No-No's Today? - The U.S. First-to-File Patent System Takes Effect March 16, 2013 - An Overview of the Key Substantive Changes Implemented by...more

1/31/2013 - America Invents Act First-to-File Patent Reform Patent Term Adjustment Patents

An Overview of the Key Substantive Changes Implemented by the Recently Enacted Amendments to the Leahy-Smith America Invents Act...

On January 14, 2013, H.R. 6621, entitled “An Act to correct and improve certain provisions of the Leahy-Smith America Invents Act and title 35, United States Code,” was signed into law. H.R. 6621 not only corrects clerical...more

1/30/2013 - America Invents Act Dead Zones First-to-Invent Patent Fees Patent Reform Patent Term Adjustment Patents Reissue Patents Title 35

Exelixis Revisited: Conflict in Determining Patent Term Adjustment

On January 28, 2013, the U.S. District Court for the Eastern District of Virginia issued a decision in Exelixis, Inc. v. Kappos (Case No. 1:12-cv-00574-LMB-TRJ), holding that the U.S. Patent and Trademark Office (“PTO”) has...more

1/30/2013 - Extensions Patent Term Adjustment Patents Request for Continued Examination USPTO

A Major Change in Patent Term Adjustment Calculus on Appeal to the Federal Circuit: Steps Applicants May Need to Consider to...

On November 1, 2012, Judge T.S. Ellis of the U.S. District Court for the Eastern District of Virginia decided Exelixis, Inc. v. Kappos (Case No. 1:12-cv-00096). Ruling against the U.S. Patent & Trademark Office (USPTO),...more

1/17/2013 - Patent Term Adjustment Patents Preservation of Rights USPTO Waivers

The U.S. First-to-File Patent System Takes Effect March 16, 2013

What You Need to Know - March 16, 2013 is a critical cross-over date in the U.S. patent law which changes from a first-to-invent system to a first-to-file system. Under the current first-to-invent system, the first...more

1/14/2013 - First-to-File Patents USPTO

IP Buzz - December 2012

In this issue: - Kirtsaeng v. John Wiley & Sons: How the Supreme Court Will Decide the Fate of eBay, Libraries, and Yard Sales - Supreme Court to Consider Whether (Isolated) Human Genes are Patentable - What...more

12/20/2012 - eBay First Sale Doctrine Human Genes Patents Trademarks

Supreme Court to Consider Whether (Isolated) Human Genes are Patentable

On November 30, 2012, the U.S. Supreme Court agreed to decide a case presenting the seemingly simple, but legally complex, question, “Are human genes patentable?” After Bilski v. Kappos, 130 S. Ct. 3218 (2010) and Mayo...more

12/19/2012 - Bilski Biotechnology DNA Human Genes Myriad Patents SCOTUS

A Major Change in Patent Term Adjustment Calculus: How "A Valuable Tool in the Patent Prosecution Process" (RCEs) May Now Be Even...

A recent U.S. District Court ruling will likely have far-reaching implications for determining Patent Term Adjustment (PTA). On November 1, 2012, the U.S. District Court for the Eastern District of Virginia issued a decision...more

11/19/2012 - Applications Patent Term Adjustment Patents USPTO

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