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United States Patent and Trademark Office › Oral Argument

The U.S. Patent and Trademark Office is an agency of the United States Department of Commerce that serves a fundamental role in the U.S. intellectual property system by issuing patents and registering trademarks.... more +
The U.S. Patent and Trademark Office is an agency of the United States Department of Commerce that serves a fundamental role in the U.S. intellectual property system by issuing patents and registering trademarks.    less -
Sterne, Kessler, Goldstein & Fox P.L.L.C.

Introduction (Federal Circuit IP Appeals: Summaries of Key 2023 Decisions)

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

2023 saw a return to business as usual for the Federal Circuit. Oral arguments are once again in-person and open to the public, and the Court has resumed its former practice of holding occasional sittings outside of...more

Bradley Arant Boult Cummings LLP

What’s in a Name? Too Much to Trademark According to the USPTO

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With the U.S. Supreme Court beginning a new session, many are wondering what new issues the Court will address this term. One case the Court is scheduled to hear involves the relationship between the Lanham Act and First...more

McDermott Will & Emery

PTO Issues Oral Hearing Guide for Patent Trial & Appeal Board Proceedings

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On August 31, 2023, the US Patent & Trademark Office (PTO) published an Oral Hearing Guide to aid parties with oral arguments before the Patent Trial & Appeal Board. The newest Oral Hearing Guide updates the 2019 Oral Hearing...more

Venable LLP

Federal Circuit Panel Hears Oral Arguments in In re Cellect, LLC to determine the Fate of Patent Term Adjustments

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On June 9, 2023, the Federal Circuit—presided over by Judges Lourie, Dyk, and Reyna—held oral arguments in In re Cellect, LLC. The case that many clients, especially the biotechnology and pharmaceutical companies, have been...more

Fish & Richardson

Fish Post Grant Radio: Episode #16: Kevin McNish, McNish PLLC

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Fish principal and host Rick Bisenius speaks with Kevin McNish from McNish PLLC to discuss appeals to the Federal Circuit from the PTAB, including: - What factors to consider when deciding whether to request a rehearing at...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Case - February 2022 #3

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Alarm.com Inc. v. Hirshfeld, Appeal No. 2020-2102 (Fed. Cir. Feb. 24, 2022)- In an appeal from the U.S. District Court for the Eastern District of Virginia, the Federal Circuit addressed whether the ex parte reexamination...more

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

PTAB Strategies and Insights - November 2021: USPTO Lowers Hurdle for LEAP Participation

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As we discussed in a previous newsletter, the Legal Experience and Advancement Program (LEAP) is a tremendous success for the PTAB, practitioners, and clients alike. In a little over 18 months, less experienced...more

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

PTAB Strategies and Insights - November 2021

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The PTAB Strategies and Insights newsletter provides timely updates and insights into how best to handle proceedings at the USPTO. It is designed to increase return on investment for all stakeholders looking at the entire...more

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

PTAB Strategies and Insights - September 2021

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

The PTAB Strategies and Insights newsletter provides timely updates and insights into how best to handle proceedings at the USPTO. It is designed to increase return on investment for all stakeholders looking at the entire...more

Fitch, Even, Tabin & Flannery LLP

Supreme Court Hears Arguments in Minerva Surgical v. Hologic

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On April 21, the U.S. Supreme Court heard oral arguments in Minerva Surgical, Inc. v. Hologic, Inc., a case involving whether the doctrine of assignor estoppel should be retained, abolished, or limited. In general, assignor...more

Rothwell, Figg, Ernst & Manbeck, P.C.

Amgen Faces “Uphill Battle” in Defending Antibody Genus Patentability

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On December 9, 2020, the Federal Circuit heard oral arguments on the validity of Amgen’s patents (U.S. Patent Nos. 8,829,165 and 8,859,741) on cholesterol-lowering drug Repatha. Specifically, the question came down to whether...more

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

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2020 Decisions

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

[co-author: Kathleen Wills] Last year, the global COVID-19 pandemic created unprecedented challenges for American courts. By making several changes, however, the U.S. Court of Appeals for the Federal Circuit was able to...more

Jones Day

JONES DAY TALKS®: Women in IP: 2020 in Review and a Look Toward 2021

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Jones Day's Meredith Wilkes and Anna Raimer discuss 2020's most significant developments in trademark law and preview what's to come in 2021, including possible progress in Washington on the highly anticipated Trademark...more

Foley & Lardner LLP

LEAP Eligible Practitioners Try Their Hand at Oral Advocacy in LEAP Mock Arguments before the PTAB

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On August 7, 2020, the PTAB and the PTAB Bar Association hosted the first ever PTAB Oral Argument Boot Camp for LEAP eligible practitioners which included opening remarks from USPTO Director Andrei Iancu, a mock inter partes...more

Jones Day

PTAB Holds Mock Oral Arguments for LEAP Attorneys

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Holding its first mock oral arguments, the PTAB provided LEAP eligible participants with a unique opportunity to argue in front of PTAB judges. On August 7, 2020, mock oral PTAB hearings were held virtually with 40 LEAP...more

Jones Day

LEAP: Additional PTAB Argument Time Offered For Junior Attorneys

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Less experienced patent practitioners may be granted additional oral argument time in front of the Patent Trial and Appeals Board (PTAB) with the Legal Experience and Advancement Program (LEAP). LEAP helps foster development...more

BakerHostetler

SCOTUS Livestreams Oral Arguments on BOOKING.COM Trademark Registerability

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On Monday, we listened in real time to the livestreamed Supreme Court oral arguments in the trademark registration case United States Patent and Trademark Office v. Booking.com B.V.  Because of COVID-19, the arguments were...more

Jones Day

Junior Lawyers Can Receive Additional Argument Time

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As fewer cases go to trial nowadays, judges have long been mindful of providing young lawyers with “stand-up” opportunities. For example, Judge William Alsup of the Northern District of California, in his Standing Order,...more

Morrison & Foerster LLP

Landmark Trademark Protection Case Before Supreme Court

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United States trademark law makes a strong distinction between “descriptive” and “generic” terms. The former are potentially accorded substantial benefits, while the latter can never be entitled to protection and are not...more

Morgan Lewis

Supreme Court PTAB Assessment of One-Year Inter Partes Review Time Bar Is Non-Reviewable

Morgan Lewis on

With this decision, the US Supreme Court again prioritizes giving the US Patent and Trademark Office (PTO) a second chance to review and potentially weed out “bad patents,” over permitting parties the opportunity to challenge...more

Snell & Wilmer

Phoning It In for Booking.com: The United States Supreme Court to Hear Trademark Case Telephonically

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The COVID-19 pandemic has upended the way the nation conducts business – at least temporarily, if not permanently. The United States Supreme Court is no exception...more

Faegre Drinker Biddle & Reath LLP

Following Up after Oral Argument in Thryv, Inc. fka Dex Media Inc. v. Click-to-Call Technologies, LP

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On June 24, 2019, the Supreme Court granted the petition for certiorari in Thryv, Inc. fka Dex Media Inc. v. Click-to-Call Technologies, LP on the question of whether 35 U.S.C. § 314(d) permits appeal of the Patent Trial and...more

White & Case LLP

Can Late IPR Petitions Be Appealed? Analyzing the Supreme Court's Oral Argument in Thryv, Inc. v. Click-to-Call Technologies

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White & Case Technology Newsflash - On December 9, 2019, the Supreme Court heard oral arguments in Thryv, Inc. v. Click-to-Call Technologies, Case No. 18-916. The case involves the proper application of Section 315(b) of the...more

Jones Day

Practical Tips from the Judges’ Panel at the PTAB Judicial Conference

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On July 26, 2018, the Silicon Valley Regional Office of the United States Patent and Trademark Office (“USPTO”) hosted a Judicial Conference by the Patent Trial and Appeal Board (“PTAB”). During the conference, a panel of...more

Foley & Lardner LLP

Federal Circuit Chastises PTAB Over Moving Target On Ex Parte Appeal

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The Federal Circuit decision in In re Durance is a rare precedential decision in an ex parte appeal from a Patent Trial and Appeal Board (PTAB) decision rejecting a pending patent application. The Court took the USPTO to task...more

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