Patent Office Litigation Update: IPR/Supplemental Examination Interplay
The Decision Maker's Guide to Contested Proceedings Under the American Invents Act
In Wisconsin, supplemental proceedings under Wis. Stat. ch. 816 are the principal tool by which a judgment creditor can discover assets of the judgment debtor in aid of collection. But for the last 15 years, they have also...more
Unhappy with the Board’s claim constructions, Patent Challenger in Rackspace US, Inc. and Rackspace Hosting, Inc. v. PersonalWeb Technologies, LLC and Level 3 Communications, (IPR2014-00057, IPR2014-00058, and IPR2014-00062)...more
Supplemental examination is a new proceeding that a patent owner can bring at U.S. Patent and Trademark Office that is used to address issues involving patentability of claims of issued patents. Robert Greene Sterne, a...more
Under the America Invents Act, a patent owner has many tools available when considering contested proceedings. Some of those options include inter partes review, covered business method review proceedings, supplemental...more
The USPTO has published “Tips for Filing a Compliant Supplemental Examination Request” on its AIA Implementation Web page. According to the notice, the USPTO has received six requests for Supplemental Examination, but...more
In This Issue:
..News From the Bench:
- Clarification of the “Vitiation Test” when applying the Doctrine of Equivalents.
- The “Success More Likely Than Not” and “Ordinary Observer” Standards for a...more
What is Supplemental Examination?
A supplemental examination proceeding permits a patent owner to request additional examination of a patent by the United States Patent and Trademark Office (“Office”) so that the...more
Summary: America Invents Act (AIA):
- Changes to 35 USC 102 and 103
.. “First to File” System
.. Derivation Proceedings
- Review & Opposition of Patents.
.. Post-Grant Review
.. Inter Partes...more
September 16, 2012 marked the second wave of implementations of the America Invents Act. The first wave of implementations took place a year ago, September 16, 2011, and included changes to false marking, fees,...more
The Leahy-Smith American Invents Act (AIA), which became law last fall, presents the most significant changes to patent law in more than 50 years. The AIA was enacted with the goals of harmonization with international laws,...more
As announced on the USPTO website, the final rules for the provisions of the America Invents Act (AIA) that take effect on September 16, 2012, will be published in the August 14, 2012 Federal Register. Pre-publication...more
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