News & Analysis as of

Post-Grant Review Patents

PTAB Establishes Criteria Governing Follow-On Petitions For AIA Post Grant Proceedings

by Brooks Kushman P.C. on

General Plastic Industrial Co. v. Canon Kabushiki Kaisha, Case IPR2016-01357 (PTAB Sept. 6, 2017)- A familiar strategy in inter partes (“IPR”) review proceedings under the America Invents Act (“AIA”) is for petitioners to...more

Lower Threshold for Indefiniteness Confirmed by PTAB in Ex Parte McAward

The courts have long stated that one goal of patent law is to provide certainty to both inventors and the public regarding the law that is applied in determining the metes and bounds of a patent claim....more

USPTO Maintains Standard for Indefiniteness in Rare Precedential Opinion

by Orrick - IP Landscape on

Decision on Appeal, Ex parte McAward et al., No. 2015-006416 (P.T.A.B. August 25, 2017) (Judges Linda E. Horner, Annette R. Reimers and Nathan A. Engels) - The Supreme Court’s decision in Nautilus, Inc. v. Biosig...more

Stronger Patents Act: 5 Significant Proposed Changes to Inter Partes Reviews

by Revision Legal on

Recently, Senator Christopher Coons (D-Del) introduced the STRONGER Patents Act of 2017. So far, this is the only legislation introduced in this Congress addressing any sort of patent reform. The proposal would significantly...more

Singapore – Avoid undue delays when requesting post-grant amendments

by FPA Patent Attorneys on

The legal system of Singapore is based on the English common law system, and therefore it has both a shared heritage and enduring commonality with other English common law jurisdictions. There is not a large body of patent...more

3 Key Takeaways: Navigating the Post-Grant Landscape

Kilpatrick Townsend’s John Alemanni, Allison Dobson, Matthew Holohan, and Wab Kadaba recently presented on navigating the Post-Grant landscape. Here are three key takeaways from their presentation. The STRONG Patents Act...more

Failure to Provide Patent Examiner with Copy of PTAB Decision Not Grounds for Inequitable Conduct

In a report and recommendation issued Tuesday, August 15, 2017, a magistrate judge in the Eastern District of Texas stated that failure to provide a patent examiner with a copy of a relevant post-grant review (PGR)...more

Changes to PTAB Practice Proposed by STRONGER Patents Act of 2017

by Knobbe Martens on

The STRONGER (Support Technology & Research for Our Nation’s Growth and Economic Resilience) Patents Act of 2017 was recently introduced in the Senate by a bipartisan group led by Senator Chris Coons (D-Del.) and co-sponsored...more

Potential for more cost-effective options for challenging Singapore patents and applications

by FPA Patent Attorneys on

The Intellectual Property Office of Singapore (IPOS) is proposing changes in an attempt to create a more robust patent system. At the heart of these changes is a goal to provide third parties with cost-effective options to...more

Federal Circuit Criticizes PTAB for Failing to Properly Weigh Objective Evidence of Non-Obviousness

by Pepper Hamilton LLP on

The Federal Circuit Court of Appeals again vacated a Patent Trial and Appeal Board (PTAB) panel decision for failing to properly evaluate “objective evidence of non-obviousness” and remanded the case for determinations...more

Is the Pendulum About to Swing Back?

In 2012, the American Invents Act created Inter Partes review (“IPR”) and related proceedings that allowed parties to request that the Patent Office institute a trial to determine the patentability of issued claims. Over the...more

Fairness in Evaluation: Federal Circuit Remand to Board For Failure to Fully Consider Petitioner’s Arguments Against Motion to...

by Foley & Lardner LLP on

In Shinn Fu Company of America, Inc. et al. v. The Tire Hanger Corp., slip op. 2016-2250 (Fed. Cir. July 3, 1997) (non-precedential), the Federal Circuit reversed a Board’s decision granting a motion to amend claims...more

CAFC Finds Another PTAB Claim Construction Unreasonable and Again Reverses an Invalidity Holding

by Pepper Hamilton LLP on

In an inter partes review (IPR) proceeding, the meaning of terms used in challenged claims of an unexpired patent are given their broadest reasonable interpretation in light of the claim language and the specification. The...more

PTAB Can Rely on New Evidence Introduced by Petitioner in its Reply

by Pepper Hamilton LLP on

In a decision last month, the Court of Appeals for the Federal Circuit gave petitioners in AIA proceedings yet another weapon to invalidate patents – by affirming a Patent Trial and Appeal Board (PTAB) decision that relied,...more

STRONGER Patents Act of 2017 Disadvantages Domestic Manufacturers

by Foley & Lardner LLP on

In late June, Senators Coons, Cotton, Durbin, and Hirono introduced the STRONGER Patents Act of 2017. The Act includes provisions that seek to heavily change the inter partes review and post-grant review processes. However,...more

U.S. Patent Legislation: The STRONGER Patents Act of 2017

by Hogan Lovells on

In June, three democratic senators (Chris Coons from Delaware, Dick Durbin from Illinois, and Mazie Hirono from Hawaii) and one republican senator (Tom Cotton from Arkansas) introduced the “STRONGER Patents Act of 2017.” One...more

Design Patents at the PTAB?

by Jones Day on

In the wake of the high-profile dispute in Apple v. Samsung, design patent procurement and enforcement activity has increased significantly. But practitioners may not appreciate that design patent validity can be attacked...more

No Post-Grant Review Where Challenged Claims Are Disclaimed

by McDermott Will & Emery on

Addressing whether disclaimer of all challenged claims prior to institution of post-grant review constitutes a request for adverse judgment, the Patent Trial and Appeal Board (PTAB) found that it did not and denied the...more

Senate’s STRONGER Patents Act Aims to Address Key PTAB Patent Owner Woes

by Jones Day on

On June 21, Senators Chris Coons (D-Del), Tom Cotton (R-Ark), Dick Durbin (D-Ill), and Mazie Hironoa (D-Hawaii) introduced the “Support Technology & Research for Our Nation’s Growth and Economic Resilience Patents Act of...more

Federal Circuit Puts the Brakes on PTAB Final Written Decision For Procedural APA Violation

In EmeraChem Holdings LLC v. Volkswagen Group of Am. Inc., the Federal Circuit reminded the PTAB that it must abide by the APA’s requirements of adequate notice and an opportunity to respond when conducting a post-grant...more

STRONGER Patents Act Proposes Substantial Changes to AIA Trial Proceedings

On September 21, 2017, Senator Chris Coons (D-Del.) introduced the STRONGER Patents Act of 2017 in the Senate. STRONGER is an acronym for “Support Technology and Research for Our Nation’s Growth and Economic Resilience.” The...more

Supreme Court’s Ruling on AIA Patent Reviews Could Reverberate Across Patent Law Landscape

Supreme Court’s Ruling on AIA Patent Reviews Could Reverberate Across Patent Law Landscape - Key Takeaways - The impact of the Court’s grant of Oil States’s petition for certiorari, and their subsequent decision on...more

Worldwide Revocation Mechanisms

Please see full Chart on Worldwide Revocation Mechanisms below for more information....more

Patent Legislation on the Hill: Senators Introduce the STRONGER Patents Act of 2017

by Ropes & Gray LLP on

Although the America Invents Act was enacted less than six years ago, the appetite for intellectual property legislation in D.C. has continued unabated over the last several years. In addition to the recent Defend Trade...more

An Early Look at the Impact of Oil States

On June 12, 2017, the Supreme Court granted certiorari in Oil States Energy Servs. LLC v. Greene’s Energy Grp., LLC, No. 16-712 (U.S. Jun. 12, 2017). The Supreme Court will review whether the Constitution permits the PTAB, a...more

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