News & Analysis as of

Post-Grant Review Inter Partes Review (IPR) Proceeding Corporate Counsel

Wolf, Greenfield & Sacks, P.C.

Sued: What In-House Counsel Without Litigation Experience Need to Know - Finding Your Outside Team

2: Finding Your Outside Team - This is the second in a series of articles that explores considerations and suggested actions for in-house counsel who are inexperienced in patent litigation, yet facing such a suit. The first...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2023 PTAB Year in Review: Analysis & Trends

This Year in Review synthesizes key events and decisions from 2023 into a digestible guide that we hope will serve as a helpful reference for those who practice before, or adjacent to, the PTAB. As in the past, many of our...more

McDermott Will & Emery

Clarification or Raising the Bar? PTO Director Issues New Guidance for Discretionary PTAB Denials

McDermott Will & Emery on

On June 21, 2022, US Patent & Trademark Office (PTO) Director Katherine K. Vidal issued a memorandum addressing interim procedures for discretionary denials in America Invents Act (AIA)-post grant proceedings at the Patent...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2021 PTAB Year in Review: Analysis & Trends

[co-author: Jamie Dohopolski] Love it or hate it, ignore the USPTO Patent Trial and Appeal Board (PTAB) at your peril. The introduction of the PTAB as part of the America Invents Act over ten years ago has forever changed...more

Morgan Lewis

2020 PTAB Digest: The Latest Trends and Developments in Post-Grant Proceedings

Morgan Lewis on

As of 2020, post grant proceedings have been in use for eight years. Designed as an alternative to district court litigation post grant proceedings have offered litigants a faster and more cost effective forum for resolving...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2019 PTAB Year in Review: Analysis & Trends

Powerful. Resilient. Ever-evolving. These characteristics of the Patent Trial and Appeal Board (PTAB) were on full display in 2019. This past year the PTAB received more than 1,300 inter partes review (IPR), post grant review...more

Troutman Pepper

Updated Procedures at the Patent Trial and Appeal Board

Troutman Pepper on

July of 2019 has been an active month for the Patent Trial and Appeal Board (PTAB).  The PTAB issued a Trial Practice Guide Update that addresses: The July 2019 Update can be accessed on the PTAB website....more

Fish & Richardson

PTAB Issues Only Its Third Post-Grant Review Decision to Date, Invalidates Storage Container Tracking Claims Directed to...

Fish & Richardson on

On August 2, 2016, the Patent Trial and Appeal Board (PTAB), in proceeding PGR2015-00009, invalidated a patent for storage container tracking and delivery as being directed to patent-ineligible subject matter under 35 U.S.C....more

BakerHostetler

Amended PTAB Rules to Take Effect on May 2, 2016

BakerHostetler on

On May 2, 2016, amended rules governing post-grant proceedings before the Patent and Trial Appeal Board (“PTAB”), including inter partes review (“IPR”), post-grant review (“PGR”), and covered business methods (“CBM”), will...more

Womble Bond Dickinson

USPTO to Implement Significant Rule Changes for AIA Trial Proceedings Impacting Both Petitioners and Patent Owners

Womble Bond Dickinson on

The United States Patent and Trademark Office (USPTO) has released the final set of the latest round of changes to the rules governing inter partes review, post grant review, and other AIA trial proceedings before the Patent...more

Goodwin

New PTAB Trial Rules Will Apply to AIA Proceedings Effective May 2

Goodwin on

Early last year, the USPTO released a set of “quick fix” changes to AIA trial procedures before the Patent Trial and Appeal Board (PTAB). On August 20, 2015, the USPTO proposed a second set of rule changes that addressed more...more

Ballard Spahr LLP

Amended PTAB Rules Give Patent Owners a Boost

Ballard Spahr LLP on

The U.S. Patent and Trademark Office (USPTO) has unveiled a series of new rules that provide for significant changes to the procedures followed in Patent Trial and Appeal Board (PTAB) proceedings, including inter partes...more

Knobbe Martens

The USPTO Amends AIA Trial Rules: 4 Changes That You Need To Know

Knobbe Martens on

On April 1, 2016, the U.S. Patent and Trademark Office (USPTO) issued amended final rules that govern trials under the America Invents Act (AIA), including inter partes review, post-grant review, covered business method...more

Fish & Richardson

Fish & Richardson’s Post-Grant Report 2015

Fish & Richardson on

Since the enactment of the America Invents Act (AIA) in September 2012, post-grant proceedings have become an important part of litigation strategy, and in some instances are helping to reduce the time and cost associated...more

Troutman Pepper

CAFC Vacates a PTAB Decision Due To Faulty Claim Construction

Troutman Pepper on

In a rare case of disagreeing with the Patent Trial and Appeal Board (PTAB), the Court of Appeals for the Federal Circuit (CAFC) vacated and remanded a PTAB decision invalidating claims 10-25 of PPC Broadband, Inc.’s U.S....more

Mintz - Intellectual Property Viewpoints

USPTO “Forecloses” on Mortgage Processing Patent under Alice

Patent owners continue to face an uphill battle at the Patent Trial and Appeal Board. According to U.S. Patent Office statistics as of December 31, 2015, a majority (72%) of the 529 Inter Partes Reviews (IPR) proceeding to...more

Troutman Pepper

Patent Trial and Appeal Board Adds Two More Cases to its List of Precedential and Informative Decisions

Troutman Pepper on

Earlier this month, the Patent Trial and Appeal Board (PTAB) added two decisions to its list of “precedential” opinions for the USPTO’s new proceedings for challenging patents under the America Invents Act. The list (which...more

K&L Gates LLP

Is Inter Partes Review Set for Supreme Court Review?

K&L Gates LLP on

In re Cuozzo Speed Tech., LLC presented the Federal Circuit with its first opportunity to address important, open questions about how the Patent Trial and Appeal Board (PTAB) handles its relatively new Inter Partes Review...more

Robins Kaplan LLP

Is The Deck Stacked Against Patent Owners In The PTAB?

Robins Kaplan LLP on

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

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