Latest Posts › Patent Trial and Appeal Board

Share:

USPTO Issues New Rules Governing MTA Practice and Procedures at PTAB

The United States Patent and Trademark Office (USPTO) has announced new rules governing amendment practice in trial proceedings under the America Invents Act (AIA), making certain provisions of the motion to amend pilot...more

The Interplay of Appeals to the Federal Circuit from Both District Court and the PTAB

The recent case involving United Therapeutics' patent on Tyvaso and Liquidia's Yutrepia sheds light on the complexities of patent law. The Federal Circuit's initial infringement finding, followed by the Patent Trial and...more

Director Review in Recent Patent Cases: Focus on Substantive Issues

Recent cases show the U.S. Patent and Trademark Office director's interest in using director review to address substantive issues like obviousness, not just procedural matters or changes in the law. Grants in these cases,...more

En banc Hearing Petition Filed on Recent Fed. Circ. Collateral Estoppel Decision

The Court of Appeals for the Federal Circuit has sparked debate following a recent ruling on the Patent Trial and Appeal Board's (PTAB) application of estoppel provisions in invalidating amended claims in inter partes...more

Potential Impact on USPTO Regulations of Supreme Court Unraveling the Chevron Deference

The U.S. Supreme Court's decision to no longer give deference to government agency interpretations could lead to challenges against U.S. Patent and Trademark Office rules....more

Patent Invalidation Rates on the Rise at the PTAB

The Patent Trial and Appeal Board (PTAB) has seen a steady increase in the invalidation rate of patents in the past five years, reaching 71% for the first two quarters of 2024. In 2023, challenged claims were invalidated 68%...more

Enhancing Independence: New Rules for Communication in PTAB Panel Decisions Codify SOP4

The U.S. Patent & Trademark Office (PTO) has introduced new rules enhancing the independence of administrative patent judge (APJ) panels. The final rule, building on Standard Operating Procedure 4, prohibits senior PTO...more

Observations on the Changing Landscape of the PTAB Director Review Process in 2024

So far in 2024, Director Review decisions have shifted from primarily sua sponte DRs to party-initiated DRs. In addition, there has been an increasing number of DR requests by petitioners this year....more

Recent PTAB Decision Involving Wildseed Mobile and Google Includes Rare Dissent

The Patent Trial and Appeal Board (PTAB) recently made a notable pair of decisions invalidating patents held by Wildseed Mobile LLC as obvious over art asserted by Google. Wildseed Mobile, a mobile technology company,...more

Understanding the Latest on Director Review in AIA Proceedings

The NPRM proposals align with interim guidance on requesting director review for key AIA trial decisions. Following the Arthrex v. Smith & Nephew ruling, director review by the USPTO Director remains crucial for addressing...more

Proposed Rule Change for Addressing Discretionary Denials in Post-Grant Trials

The NPRM introduces a significant procedural change by creating a separate briefing process for discretionary denials in post-grant trials, streamlining the current practice where petitioners must reserve space for addressing...more

En Banc Federal Circuit Overrules Longstanding Test for Design Patent Obviousness

On Tuesday, the en banc Federal Circuit released its highly anticipated decision in LKQ v. GM Global Technology Operations LLC, rejecting as “improperly rigid” the previous standard for evaluating whether a design patent is...more

PTAB Trials Evolving Toward the Litigation Alternative Congress Envisioned

The recent decision in SAS Institute v. Iancu — in combination with the proposed shift from a broadest reasonable interpretation (BRI) standard to the Phillips standard for claim construction used in district court — moves...more

Intellectual Property Bulletin - Fall 2017

In the Winter 2017 edition of the Intellectual Property Bulletin, we reported on IP-related changes expected with the incoming Trump administration and the new Congress. Here we look at two such changes currently underway:...more

15 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide