Fabian M. Koenigbauer

Fabian M. Koenigbauer

Venable LLP

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Insights from a Recent Panel on Navigating AIA Trials

On July 14, 2014, the Bar Association of the District of Columbia presented "Navigating AIA Trials at the USPTO," a panel discussion on the Leahy-Smith America Invents Act (AIA) trials, which took place at the D.C. office of...more

7/25/2014 - America Invents Act Bar Associations Inter Partes Review Proceedings Patent Trial and Appeal Board Patents USPTO

IPR Spotlight Series: What to Do When the PTAB Denies Your Petition to Institute IPR

Inter partes review (IPR) before the Patent Trial and Appeal Board (PTAB) became available on September 16, 2012 as a post-grant review procedure to challenge the patentability of issued claims based on prior art patents and...more

7/25/2014 - Claim Construction Inter Partes Review Proceedings Patents Post-Grant Review Prior Art USPTO

Public Comments on AIA Trial Proceedings – the USPTO is Listening

As mentioned in a previous article, the Patent Trial and Appeal Board (PTAB) held a series of roundtables throughout the United States this spring to solicit public feedback on AIA trials. Having received some feedback during...more

7/25/2014 - America Invents Act Claim Construction Evidentiary Hearings Obviousness Patent Reform Patent Trial and Appeal Board Patents Public Comment Rulemaking Process USPTO

IP Buzz - Post Grant Practice

In this issue: - IPR Spotlight Series: Preparing and Filing a Petition - AIA Trials By Fire: How to Protect Your Patent Portfolio Against PTAB "Death Squads" - Should I Stay or Should I Go [to the PTAB]...more

5/19/2014 - America Invents Act Covered Business Method Patents Design Patent Inter Partes Review Proceedings IPR Patent Portfolios Patent Trial and Appeal Board Patents USPTO

AIA Statistics: A Closer Look at the Outcome of AIA Trials Based on the Year of Patent Issue

Since September 16, 2012, inter partes review (IPR) and covered business method (CBM) review have been available as proceedings to challenge the validity of patents before the PTO. This article looks at how the Patent Trial...more

5/16/2014 - America Invents Act Covered Business Method Patents Patent Litigation Patent Reform Patent Trial and Appeal Board Patents USPTO

Patent Trial and Appeal Board Statistics

Inter partes review (“IPR”) and covered business method review (“CBM”) became options for challenging issued patents under the America Invents Act on September 16, 2012. These proceedings are turning out to be even more...more

4/25/2014 - America Invents Act Covered Business Method Patents Inter Partes Review Proceedings Patent Trial and Appeal Board USPTO

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

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

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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