The U.S. Supreme Court on April 24 issued its decision in the closely watched patent case Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, 138 S. Ct. 1365 (2018). The case addressed a constitutional challenge to...more
The Supreme Court today decided two important cases involving patent rights and inter partes review at the US Patent and Trademark Office (PTO). Both cases affirm the importance of Post-Grant Proceedings as a part of an...more
4/25/2018
/ Administrative Proceedings ,
America Invents Act ,
Article III ,
Constitutional Challenges ,
Inter Partes Review (IPR) Proceeding ,
Oil States Energy Services v Greene's Energy Group ,
Patent Trial and Appeal Board ,
Patents ,
Post-Grant Review ,
SAS Institute Inc. v Iancu ,
SCOTUS ,
Seventh Amendment ,
USPTO
This has been a year in which automotive technology and the legal issues surrounding it have come increasingly to the forefront, both in legal circles and public perception. Given the many new entrants in the autonomous...more
12/26/2017
/ Automotive Industry ,
Connected Cars ,
Department of Transportation (DOT) ,
Design Patent ,
DRIVE Act ,
Driverless Cars ,
Motor Vehicles ,
NHTSA ,
Patents ,
Technology Sector ,
USPTO
In the U.S. Court of Appeals for the Federal Circuit’s recent en banc decision in Aqua Products, a deeply fractured court provides a glimpse into the perspectives that some of the judges have on post-grant practice at the...more
11/21/2017
/ Appeals ,
Burden of Persuasion ,
Burden of Production ,
Burden of Proof ,
Chevron Deference ,
Claim Amendments ,
Inter Partes Review (IPR) Proceeding ,
Motion to Amend ,
Patent Ownership ,
Patent Trial and Appeal Board ,
Patents ,
Post-Grant Review ,
Remand ,
USPTO
The Court of Appeals for the Federal Circuit (Federal Circuit), the reviewing court for the decisions issued by the Patent Trial and Appeal Board (Board), has handled over 1,000 appeals from the Board on patent trials...more
When a patent is challenged in an inter partes review and a final written decision has been issued, a statutory estoppel will prevent certain subsequent proceedings. The scope of the estoppel, which applies to both Patent and...more
4/18/2016
/ America Invents Act ,
Estoppel ,
Inter Partes Review (IPR) Proceeding ,
International Trade Commission (ITC) ,
Litigation Strategies ,
Patent Litigation ,
Patent Owner Preliminary Response ,
Patent Trial and Appeal Board ,
Printed Publications ,
Prior Art ,
USPTO ,
Young Lawyers
The US Patent and Trademark Office has announced amendments to the Rules of Practice for Trials Before the Patent Trial and Appeal Board that will take effect on May 2, 2016. The amendments generally adopt the rules proposed...more
4/8/2016
/ Additional Discovery ,
Claim Construction ,
Duty of Candor ,
Expert Testimony ,
Final Rules ,
Motion to Amend ,
Patent Litigation ,
Patent Owner Preliminary Response ,
Patent Trial and Appeal Board ,
Real Party in Interest ,
USPTO
With the implementation of the America Invents Act of 2011, inter partes review proceedings at the Patent Trial and Appeal Board have become a popular way to challenge the validity of a patent. The types of information which...more
Inter partes review proceedings have become a popular mechanism for defendants to challenge the validity of a patent that is asserted in a district court litigation. Because IPRs typically move more quickly than district...more
Privity and real party-in-interest (RPI) issues have become important, sometimes case determinative, for petitioners filing post-grant challenges such as inter partes reviews and covered business method reviews. The U.S....more
The America Invents Act (AIA) was enacted into law on Sept. 16, 2011, and the U.S. Patent and Trademark Office implemented rules for governing the inter partes review, post-grant review, transitional program for covered...more
9/1/2015
/ America Invents Act ,
Broadest Reasonable Interpretation Standard ,
Comment Period ,
Covered Business Method Proceedings ,
Inter Partes Review (IPR) Proceeding ,
Motion to Amend ,
Obviousness ,
Patents ,
Post-Grant Review ,
Proposed Regulation ,
Real Party in Interest ,
USPTO