Patent Office Litigation Update: Lessons Learned from Contested Proceedings at the USPTO

In this video, Eldora L. Ellison, Ph.D., director with the intellectual property law firm Sterne, Kessler, Goldstein & Fox P.L.L.C., discusses lessons learned from pending inter partes review and covered business method patent review proceedings. Primarily, she says, patent owners should be aware that their competitors are willing to use such proceedings to challenge a patent, particularly when there is related litigation. In the pending proceedings, the Patent Office has shown a propensity to institute trial. They have also See more +
In this video, Eldora L. Ellison, Ph.D., director with the intellectual property law firm Sterne, Kessler, Goldstein & Fox P.L.L.C., discusses lessons learned from pending inter partes review and covered business method patent review proceedings. Primarily, she says, patent owners should be aware that their competitors are willing to use such proceedings to challenge a patent, particularly when there is related litigation. In the pending proceedings, the Patent Office has shown a propensity to institute trial. They have also demonstrated a tendency to deny unpatentability grounds on claims that are redundant, presented in a vague manner, or are based on art that is cumulative with other art. In all cases, the Patent Trial and Appeal Board has focused on the core patentability issues.

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Topics:  Claim Construction, Covered Business Method Patents, Inter Partes Review Proceedings, Patents, Prior Art, USPTO

Published In: Intellectual Property Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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