The PREVAIL Act is now subject to debate before the full Senate.
The Act will require petitioners to certify standing, two new categories of which were recently added via a manager’s amendment....more
1/17/2025
/ America Invents Act ,
Article III ,
Claim Construction ,
Evidentiary Standards ,
Intellectual Property Litigation ,
Inter Partes Review (IPR) Proceeding ,
International Trade Commission (ITC) ,
New Legislation ,
Patent Infringement ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Prior Art ,
Standing ,
USPTO
The decision to end the program follows public resistance to a proposed fee structure aimed at offsetting its high administrative costs.
The U.S. Patent and Trademark Office (USPTO) extended the After Final Consideration...more
In ZyXEL, the petitioner unexpectedly received a second chance to argue against the patentability of the patentee’s substitute claims, even though the U.S. Patent Trial & Appeal Board (PTAB) had already found those claims...more
Discovery misconduct can be remedied not only through the sanctions available in the Federal Rules of Civil Procedure, but also potentially through the defense of unclean hands....more
4/26/2024
/ Damages ,
Federal Rules of Civil Procedure ,
Lanham Act ,
Patent Infringement ,
Patents ,
Prior Art ,
SCOTUS ,
Trade Dress ,
Unclean Hands ,
Unfair or Deceptive Trade Practices ,
Willful Misconduct