The USPTO published a Notice of Proposed Rulemaking on May 9, 2018 seeking to change the claim construction standard for PTAB trials from the current broadest reasonable interpretation (BRI) to the claim construction standard...more
5/14/2018
/ Broadest Reasonable Interpretation Standard ,
Claim Construction ,
Covered Business Method Proceedings ,
Inter Partes Review (IPR) Proceeding ,
International Trade Commission (ITC) ,
NPRM ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Post-Grant Review ,
Rules of Appellate Procedure ,
Standard of Review ,
USPTO
The USPTO announced that the official fees for IPR and PGR will increase significantly starting on January 16, 2018. See 82 Fed. Reg. 52780, 52807 (Nov. 14, 2017). ...more
The Federal Circuit issued an en banc decision instructing the PTAB to assess patentability of amended claims in IPR proceedings without placing the burden of persuasion on the patent owner. Aqua Products, Inc. v. Matal, No....more
10/9/2017
/ Appeals ,
Burden of Persuasion ,
Claim Amendments ,
Inter Partes Review (IPR) Proceeding ,
Patent Ownership ,
Patent Trial and Appeal Board ,
Patent Validity ,
Patents ,
Post-Grant Review ,
Remand ,
Reversal ,
USPTO
The Supreme Court granted a petition for writ of certiorari to address whether the PTAB is required to issue a final written decision with respect to the patentability of every claim challenged by a petitioner in SAS...more
5/31/2017
/ Appeals ,
Final Written Decisions ,
Inter Partes Review (IPR) Proceeding ,
Non-Appealable Decisions ,
Patent Trial and Appeal Board ,
Patent Validity ,
Patents ,
Petition for Writ of Certiorari ,
SAS Institute Inc. v Lee ,
SCOTUS ,
USPTO
The Federal Circuit held that statements made by a patent owner in an IPR, whether before or after institution, can be considered during claim construction in district court litigation and relied upon to support a finding of...more
The USPTO Director granted a request to extend a missed deadline for an appeal of an IPR decision to the Federal Circuit due to the patent owner’s excusable neglect in Mitsubishi Cable Industr., Ltd. v. Goto Denshi Co., Ltd.,...more
5/10/2017
/ Excusable Neglect ,
Filing Deadlines ,
Inter Partes Review (IPR) Proceeding ,
International Litigation ,
Japan ,
Jurisdiction ,
Notice of Appeal ,
Patent Litigation ,
Patents ,
Time Extensions ,
USPTO