Post-Grant Review Inter Partes Review Proceedings

News & Analysis as of

House Committee Advances Competing Patent Reform Legislation

With yesterday’s House Judiciary Committee vote, there are now competing, and in some respects significantly different, patent reform proposals under serious consideration in the House and the Senate. Among the most important...more

Federal Circuit Upholds Broadest Reasonable Interpretation in Inter Partes Review

A divided Federal Circuit denied the petition for rehearing en banc that would have required the court to revisit its decision in In re Cuozzo Speed Technologies, LLC (Fed Cir 2015), that upheld the USPTO’s use of the...more

Versata Development Group, Inc. v. SAP America, Inc. (Fed. Cir. 2015)

Section 18 of the Leahy-Smith America Invents Act (AIA) established a transitional program through which the USPTO conducts post-grant reviews of covered business method (CBM) patents. For the most part, § 18 incorporates...more

A Flurry of PTAB Activity

Since the passing of the America Invents Act, a number of already issued patents have come under new scrutiny through various post-grant procedures. One of the more prominent post-grant procedures is the Inter Partes Review...more

No Rehearing En Banc for In re Cuozzo Speed Technologies -- PTAB Update

Earlier this week, the Federal Circuit issued an order denying a petition for rehearing en banc in the In re Cuozzo Speed Technologies, LLC case. As we have previously reported, this case was the first appeal of the first...more

Federal Circuit Will Not Review PTAB’s Use of the Broadest Reasonable Interpretation Claim Construction Standard in Post-Grant...

Yesterday, the Court of the Appeals for the Federal Circuit decided not to review the Patent Trial and Appeal Board’s (PTAB) practice of construing patent claim terms under the broadest reasonable interpretation (BRI)...more

Federal Circuit Judges Disagree On Correct Claim Construction Standard For AIA Post-Grant Proceedings, But Decline En Banc Review

Practice Points: - Federal Circuit denies en banc review of a key issue arising in AIA inter partes review proceedings. - In an unusual step, judges issued opinions sparring over whether the PTAB should construe...more

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

Federal Circuit Reverses Unreasonable PTAB Claim Construction, Upholds Idle Free Standard for Motions to Amend

The Federal Circuit decision in Microsoft Corp. v. Proxyconn, Inc., addressed several important issues relating to post-grant patent trials conducted by the USPTO Patent Trial and Appeal Board (PTAB), including the PTAB’s...more

Fed Circuit Reverses PTAB Decision in IPR Proceeding

On June 16, the Federal Circuit issued its first-ever reversal of a Patent Trial and Appeal Board decision in an America Invents Act post-grant proceeding. The opinion, drafted by Chief Judge Prost and joined by CAFC Judge...more

Federal Circuit Remands Because PTAB’s Claim Construction Was “Unreasonably Broad”

The Patent Trial and Appeal Board (PTAB) administers post-grant patent proceedings under the America Invents Act. The PTAB has invalidated many patent claims, and has been referred to as a patent “death squad.” But a recent...more

Congress Continues to Promote Patent Reform Efforts

In recent years, Congress has devoted a great deal of attention to patent reform. Those efforts led in 2011 to passage of the Leahy-Smith America Invents Act (AIA), which was the most extensive revision of the patent laws in...more

Talking PTAB with Bob Steinberg  [Video]

Do you know your IPR from your PGR from your CBM? Partner Bob Steinberg explains some of key Patent Trial and Appeal Board acronyms and introduces The Book of Jargon® – Patent Trial & Appeal Board (PTAB) now available...more

Life Sciences Litigation Update - May 2015

Trends in Post-grant Review of Orange Book Patents. The America Invents Act’s post-grant challenges (“AIA proceedings”) continue to grow as an option for companies challenging a patent’s validity. In the first full fiscal...more

After B&B Hardware, What is the Full Scope of Estoppel Arising From a PTAB Decision in District Court Litigation?

The America Invents Act (AIA) created several adjudicative proceedings within the Patent Trial and Appeal Board (PTAB) of the U.S. Patent & Trademark Office, including inter partes review, post-grant review, and covered...more

PTO Formally Issues First Set of New Changes to PTAB Rules, Including Increased Page Limits for Petitioner Replies and Patent...

The U.S. Patent & Trademark Office (PTO) has issued several rule amendments that it refers to as “ministerial changes” to procedures for post-grant proceedings before the Patent Trial and Appeal Board (PTAB), including Inter...more

USPTO Implements Quick Fixes to AIA Review Rules

On March 27, 2015, the director of the U.S. Patent and Trademark Office (PTO) announced several quick fixes in response to public comments on proposed revisions to the rules for inter partes review (IPR), post grant review...more

30 Months of IPR Practice – By the Numbers

UntitledWelcome to Volume 9 of our IPR-PGR Report. After 30 months of IPR practice, some trends are taking shape. Overall, the percentage of petitions put into trial has gradually decreased, down to 76% this quarter, from a...more

Is The Deck Stacked Against Patent Owners In The PTAB? [Video]

Two years after the creation of the America Invents Act post-grant proceedings, many patent owners are facing an uphill battle when attempting to defend their intellectual property before the Patent Trial and Appeal Board...more

New procedures available for invalidating patents before the USPTO

Business executives have long struggled with whether to defend a patent infringement suit in court, try to settle the dispute for less than the cost/risk of defending it, or seek to deal with the problem patent by requesting...more

Navigating Protective Order and Prosecution Bar Issues in BPCIA Litigation

Protective orders preventing litigation counsel from participating in the prosecution of litigation-related patents are commonplace. The Biologics Price Competition and Innovation Act (“BPCIA”), for example, provides a...more

USPTO Announces Immediate Changes to AIA PTAB Page Limits

Responding to feedback from petitioners and patent owners, the USPTO disclosed a plan to revise the procedural rules governing post grant proceedings under the Leahy-Smith America Invents Act (“AIA”). USPTO Director Michelle...more

Post-grant proceedings after the America Invents Act

The America Invents Act (AIA) was passed several years ago. One of the biggest changes it made to the patent landscape was the options for modifying a patent after it was granted by the U.S. Patent & Trademark Office. Prior...more

Second Bites At the Post-Grant Apple?

The America Invents Act (AIA) gives the Board broad discretion in deciding whether or not to institute an IPR or CBM when the Petition addresses substantially the same prior art or arguments to those previously considered by...more

STRONG Patents Act of 2015 -- An Alternative Patent Reform Bill

Yesterday, Sen. Christopher Coons (D-DE), Sen. Richard Durbin (D-IL), and Sen. Mazie Hirono (D-HI) introduced the "Support Technology and Research for Our Nation's Growth (STRONG) Patents Act of 2015." What is unique about...more

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