Michael Rosato

Michael Rosato

Wilson Sonsini Goodrich & Rosati

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U.S. Supreme Court Decides Cuozzo v. Lee: Upholds General Bar Against Appealing PTAB's Institution Decisions and Affirms Use of...

On June 20, 2016, the United States Supreme Court affirmed the decision of the Court of Appeals for the Federal Circuit in Cuozzo Speed Technologies v. Lee. The Supreme Court granted certiorari to consider two questions....more

6/22/2016 - America Invents Act Appeals Broadest Reasonable Interpretation Standard Claim Construction Cuozzo Speed Technologies v Lee Inter Partes Review Proceedings Patent Trial and Appeal Board SCOTUS

The PTAB Review - June 2016

Post-Grant Review Proceeding Filings Ramp Up In addition to inter partes review (IPR) and covered business method (CBM) review proceedings, the America Invents Act (AIA) provides for post-grant review (PGR) proceedings. PGR...more

6/10/2016 - America Invents Act Discovery Estoppel First-to-File Inter Partes Review Proceedings Motion to Amend Patent Litigation Patent Trial and Appeal Board Post-Grant Review Precedential Opinion Real Party in Interest Rules of Practice USPTO

USPTO Issues Second Round of AIA Rule Changes

On April 1, 2016, the U.S. Patent and Trademark Office (USPTO) issued another round of amendments to the rules governing Patent Trial and Appeal Board (PTAB) trial proceedings under the Leahy-Smith America Invents Act (AIA)....more

4/4/2016 - America Invents Act Claim Construction Post-Grant Review Proposed Amendments Rule 11 USPTO

Federal Circuit Ruling in Dell v. Acceleron Limits New Late-Stage Grounds of Challenge in America Invents Act Trials

On March 15, 2016, the U.S. Court of Appeals for the Federal Circuit held that the Administrative Procedures Act (APA) places constraints on when petitioners may present evidence and arguments against the patentability of...more

3/22/2016 - Administrative Procedure Act America Invents Act Corporate Counsel Dell Inter Partes Review Proceedings Notice Requirements

USPTO Announces Second Round of AIA Rule Changes

On August 19, 2015, the U.S. Patent and Trademark Office (USPTO) announced another set of proposed changes to the rules governing Patent Trial and Appeal Board (PTAB) trial proceedings under the America Invents Act (AIA)....more

8/26/2015 - Amended Complaints America Invents Act Claim Construction Covered Business Method Proceedings Inter Partes Review Proceedings Patent Trial and Appeal Board Patents Post-Grant Review Proposed Amendments Rule 11 USPTO

Federal Circuit Allows Judicial Review of PTAB's Determination That Patent Qualifies as "Covered Business Method"

On July 9, 2015, a divided Federal Circuit held in Versata Development Group, Inc. v. SAP America, Inc., No. 14-1194, that it can review Patent Trial and Appeal Board (PTAB) determinations that a patent is a "covered business...more

7/13/2015 - Covered Business Method Patents Cuozzo Speed Technologies Inter Partes Review Proceedings Judicial Review Jurisdiction Patent Trial and Appeal Board Patents Prior Art SAP America Inc. Versata

A Divided Federal Circuit Confirms Broadest Reasonable Interpretation for Claims in Inter Partes Review on Rehearing

On July 8, 2015, the U.S. Court of Appeals for the Federal Circuit, split 6-5, denied rehearing of its earlier decision, In re Cuozzo Speed Technologies, LLC, 778 F.3d 1271 (Fed. Cir. 2015), in which the court upheld the use...more

7/10/2015 - America Invents Act Appeals Broadest Reasonable Interpretation Standard Claim Construction Cuozzo Speed Technologies Inter Partes Review Proceedings Patent Litigation Patent Trial and Appeal Board Post-Grant Review USPTO

USPTO Announces Significant Reforms in Three Rounds of AIA Rule Changes—Round One: Increased Page Limits for Motions to Amend and...

On March 27, 2015, the U.S. Patent and Trademark Office (USPTO) announced the first of three upcoming "rule packages" that will clarify and modify rules for proceedings under the America Invents Act (AIA). In a blog post on...more

3/31/2015 - America Invents Act USPTO

Federal Circuit Decides Appeal from First Final PTAB Decision in Inter Partes Review

On February 4, 2015, the Federal Circuit issued its first opinion in an appeal from a final written decision of the Patent Trial and Appeal Board (PTAB) in a proceeding under the America Invents Act (AIA). In In re Cuozzo...more

2/5/2015 - America Invents Act Appeals Claim Construction Cuozzo Speed Technologies Inter Partes Review Proceedings Mandamus Petitions Patent Trial and Appeal Board Patents Prior Art

Patent Trial and Appeal Board Issues First Final Written Decision Under America Invents Act Proceeding

On June 11, 2013, the Patent Trial and Appeal Board (PTAB) of the United States Patent and Trademark Office (USPTO) issued the first final written decision in one of the new proceedings created by the America Invents Act...more

6/18/2013 - America Invents Act Covered Business Method Patents Patent Reform Patent Trial and Appeal Board Patents Post-Grant Review USPTO

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