Steven Schwarz

Steven Schwarz

Venable LLP

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IP Buzz - July 2014

In this issue: - IPR Spotlight Series: What to Do When the PTAB Denies Your Petition to Institute IPR - Public Comments on AIA Trial Proceedings – the USPTO is Listening - Versata v. SAP: PTAB Decision...more

7/29/2014 - Inter Partes Review Proceedings Patent Infringement Patent Litigation Patent Reform Patent Trial and Appeal Board Patents USPTO

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

Versata v. SAP: PTAB Decision Does Not Trump a Final Jury Verdict

As discussed in an earlier article, the final decision in the first covered business method review (CBM) in SAP America, Inc. v. Versata Data Development Group, PTAB Case CBM2012-00001, presents many issues of first...more

7/25/2014 - America Invents Act Covered Business Method Patents Covered Business Method Proceedings Jury Awards Patent Infringement Patent Litigation Patents Popular SAP America Inc.

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 - June 2014

In this issue: - Terminal Disclaimer Cannot be Used to Circumvent IPR Review Standard - IPR Spotlight Series: Evaluating Whether to File a Preliminary Patent Owner Response - Unscathed by Review: Recent...more

6/19/2014 - Inter Partes Review Proceedings Patent Infringement Patent Litigation Patents Post-Grant Review

Terminal Disclaimer After Institution of IPR Cannot Be Used to Circumvent Broadest Reasonable Interpretation Standard

One of the main reasons to challenge a patent at the Patent Trial and Appeal Board (PTAB) in inter partes review (IPR) instead of at the district court is that the PTAB will construe claims more broadly, using the broadest...more

6/16/2014 - Inter Partes Review Proceedings Patent Trial and Appeal Board Patents Terminal Disclaimer

Unscathed by Review: Recent IPR Results Temper PTAB's Overall Record

The PTAB has been labeled an anti-patent "death squad" because of the high percentage of unpatentability findings in early AIA trials. Through March 2014, all 28 Final Written Decisions decided on the merits held at least one...more

6/16/2014 - Inter Partes Review Proceedings Patent Infringement Patent Litigation Patent Trial and Appeal Board Patents

The Potential Impact of Nautilus v. Biosig Instruments on AIA Trials

The Supreme Court recently clarified the standard for determining invalidity of a patent claim for indefiniteness under 35 U.S.C. § 112, second paragraph. Nautilus, Inc. v. Biosig Instruments, Inc., 572 U.S. _ (June 2,...more

6/13/2014 - America Invents Act Definiteness Indefiniteness Nautilus Inc. v. Biosig Instruments Patent Infringement Patent Litigation Patents

IPR Spotlight Series: Evaluating Whether to File a Preliminary Patent Owner Response

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

6/13/2014 - Inter Partes Review Proceedings Patent Infringement Patent Litigation Patent Trial and Appeal Board Patents

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

First Design Patent Falls Victim to Inter Partes Review

Since the inter partes review (IPR) process became available on September 16, 2012, over 1,100 IPR petitions have been filed. But only eight petitions have challenged design patents, representing less than 0.8% of all...more

5/19/2014 - Design Patent Inter Partes Review Proceedings Patents

IPR Spotlight Series: Filing a Petition for 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

5/19/2014 - Inter Partes Review Proceedings Patent Litigation Patent Trial and Appeal Board Patents

AIA Trials By Fire: How to Protect Your Patent Portfolio against PTAB "Death Squads"

Under the America Invents Act (AIA), patent challengers now have three new kinds of post-grant review with which to attack a patent's validity: inter partes review (IPR), post-grant review (PGR), and covered business method...more

5/19/2014 - America Invents Act Covered Business Method Patents Inter Partes Review Proceedings Patent Litigation Patent Reform Patent Trial and Appeal Board Patents

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

Should I Stay or Should I Go [to the PTAB] Now? Stays of Litigation Pending Inter Partes Review Are Likely to Increase

For a variety of reasons, not least of which is resources, parties do not typically want to fight the same battle in two venues. So when a defendant in patent litigation initiates an inter partes review (IPR) challenging the...more

5/16/2014 - Inter Partes Review Proceedings Patent Litigation Patent Trial and Appeal Board Patents Stays

Advertising News & Analysis - May 2014

In this issue: - Leave Your Claims at the Border - Delaware Suit Shows You Can’t Escheat the Tax Man - FDA Sets Limit on Fishy Omega-3 Nutrient Value Claims - Your Guide to Post-Grant Patent...more

5/12/2014 - Advertising False Claims Act FDA Food Labeling Patents Post-Grant Review State Taxes

IP Buzz - April 2014

In this issue: - 10 Reasons Every Defendant in Patent Litigation Should Consider Inter Partes Review - Reasons to Think Twice Before Initiating Inter Partes Review - First AIA Roundtable Hints at More...more

4/28/2014 - America Invents Act Inter Partes Review Proceedings Patent Litigation Patent Trial and Appeal Board

Hurry Up and Settle! Settling Early to Avoid PTAB Refusal to Terminate IPR

In an inter partes review (“IPR”) proceeding, a petitioner challenging a patent and the patent owner often reach settlement before a final decision has been reached. Out of the 117 IPR cases that have settled to date, 45%...more

4/25/2014 - Inter Partes Review Proceedings Patent Litigation Patent Trial and Appeal Board Settlement

Reasons to Think Twice Before Initiating Inter Partes Review

There has been a lot of hype about inter partes review – including by us – and for good reason. The pro-complainant bent of the rules is turning out to be pro-complainant in effect as well, at least when you look at the...more

4/25/2014 - Inter Partes Review Proceedings Patent Litigation Patent Trial and Appeal Board Post-Grant Review

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

Snapshot Overview of Options for Post-Issuance Challenges Before the PTAB

There are three available types of post-issuance challenges to the validity of a patent: (1) Inter Partes review; (2) Transitional Program for Covered Business Method Patents; and (3) Post-Grant Review. Another option not...more

4/25/2014 - Covered Business Method Patents Inter Partes Review Proceedings Patent Infringement Patent Litigation Patent Trial and Appeal Board Patents Post-Grant Review

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

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