One year ago, the United States Patent and Trademark Office (USPTO) issued an Advance Notice of Proposed Rulemaking (ANPRM) that set forth several ideas related to America Invents Act (AIA) proceedings before the Patent Trial...more
4/23/2024
/ Administrative Procedure ,
Advanced Notice of Proposed Rulemaking (ANPRM) ,
America Invents Act ,
Inter Partes Review (IPR) Proceeding ,
NPRM ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Post-Grant Review ,
Prior Art ,
USPTO
On April 16, the United States Patent and Trademark Office (USPTO) published a Notice of Proposed Rulemaking (NPRM) regarding Director Review of Patent Trial and Appeal Board (PTAB) decisions....more
2023 was a busy year at the Patent Trial and Appeal Board, as post-grant practice continued to evolve at a rapid pace. At the United States Patent and Trademark Office, there were big developments in Director Review and...more
1/19/2024
/ Administrative Procedure Act ,
Advanced Notice of Proposed Rulemaking (ANPRM) ,
Estoppel ,
Inter Partes Review (IPR) Proceeding ,
Obviousness ,
Parallel Claims ,
Patent Invalidity ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Petitioner Reply Briefs ,
Post-Grant Review ,
Precedential Opinion ,
Prior Art ,
Proposed Guidance ,
USPTO
On October 6, the United States Patent and Trademark Office issued a Notice of Proposed Rulemaking regarding pre-issuance internal circulation and review of decisions of the Patent Trial and Appeal Board. The Office also...more
On April 21, the United States Patent and Trademark Office issued advance notice of proposed rulemaking concerning changes to America Invents Act proceedings before the Patent Trial and Appeal Board. Most of the changes under...more
2022 was a milestone year for the Patent Trial and Appeal Board. In April, Kathi Vidal began her tenure as Director of the United States Patent and Trademark Office with an early focus on promoting increased efficiency at the...more
On March 1, the Supreme Court heard arguments in Arthrex, Inc. v. Smith & Nephew, Inc., No. 19-1458. The case presented two questions: (1) whether, for purposes of the Appointments Clause, administrative patent judges (APJs)...more
In a year of extraordinary change, the Patent Trial and Appeal Board (PTAB) rose to the challenge - Given the challenges of 2020 – a global pandemic, a deep economic recession, and a turbulent presidential election, among...more
3/8/2021
/ Appeals ,
Biologics ,
Inter Partes Review (IPR) Proceeding ,
Patent Litigation ,
Patent Ownership ,
Patent Trial and Appeal Board ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Post-Grant Review ,
USPTO
The USPTO announced in the Federal Register that it is seeking comments on considerations for instituting trials under the America Invents Act (AIA). Specifically, the USPTO is considering the codification of its current...more
The Patent Trial and Appeal Board (PTAB) remains the forum of choice for challenging the validity of patent claims. However, it is notable that a comparison of 2019 and 2018 statistics reveals about a 30 percent decline in...more
In April 2018, the Supreme Court issued Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, 138 S. Ct. 1365, and SAS Institute v. Iancu, 138 S. Ct. 1348, a highly anticipated pair of decisions concerning post-grant...more
2016 marked the fourth anniversary of the America Invents Act (AIA). The Patent Trial and Appeal Board (PTAB) was once again the forum of choice for challenging patentability of claims, surpassing the Eastern District of...more
The complex nature of modern patent litigation has meant that multiple defendants often have interests that align around a single portfolio of patents. This inevitably results in one or more post-grant challenges. The natural...more
Since the enactment of the America Invents Act (AIA) in September 2012, post-grant proceedings have become an important part of litigation strategy, and in some instances are helping to reduce the time and cost associated...more