Last week, the Patent Trial and Appeal Board (PTAB) issued a list of FAQs related to the new bifurcated process for discretionary denial established in the March 26 memorandum issued by Acting Director Stewart. The FAQs...more
4/28/2025
/ Administrative Procedure ,
Administrative Proceedings ,
America Invents Act ,
Director of the USPTO ,
Expert Testimony ,
Filing Deadlines ,
Inter Partes Review (IPR) Proceeding ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Post-Grant Review ,
Prior Art ,
USPTO
Fish & Richardson’s 2024 Post-Grant Report takes a deep dive into the cases, trends, and statistics that shaped Patent Trial and Appeal Board (PTAB) practice throughout the year and how they might affect practitioners going...more
3/7/2025
/ Appeals ,
Final Rules ,
Inter Partes Review (IPR) Proceeding ,
Patent Fees ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Post-Grant Review ,
Prior Art ,
Rulemaking Process ,
USPTO
On February 28, 2025, the United States Patent and Trademark Office announced that it has rescinded the June 21, 2022, memorandum about discretionary denials in Patent Trial and Appeal Board (PTAB) post-grant proceedings with...more
3/3/2025
/ America Invents Act ,
Apple ,
Final Written Decisions ,
Intellectual Property Litigation ,
Inter Partes Review (IPR) Proceeding ,
International Trade Commission (ITC) ,
New Guidance ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Post-Grant Review ,
USPTO
Director Vidal has issued two Director Review decisions related to the evaluation of expert testimony in Patent Trial and Appeal Board (PTAB) proceedings. ...more
United States Patent and Trademark Office (USPTO) Director Kathi Vidal had a busy end to her summer, issuing six decisions as part of the Director Review process between July 10 and August 22. In the six decisions, the...more
10/16/2024
/ Administrative Procedure ,
Administrative Review ,
America Invents Act ,
Claim Construction ,
Final Rules ,
Inter Partes Review (IPR) Proceeding ,
Notice Requirements ,
Patent Trial and Appeal Board ,
Patents ,
Post-Grant Review ,
Precedential Opinion ,
Prior Art ,
Sanctions ,
Time-Barred Claims ,
USPTO
The United States Patent and Trademark Office (USPTO) published a Notice of Proposed Rulemaking (NPRM) today proposing to update its rules governing motions to amend before the Patent Trial and Appeal Board (PTAB). ...more
3/5/2024
/ America Invents Act ,
Comment Period ,
Inter Partes Review (IPR) Proceeding ,
Motion to Amend ,
NPRM ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Post-Grant Review ,
Proposed Rules ,
USPTO ,
USPTO Pilot Program
2023 was a busy year at the Patent Trial and Appeal Board, as post-grant practice continued to evolve at a rapid pace. At the United States Patent and Trademark Office, there were big developments in Director Review and...more
1/19/2024
/ Administrative Procedure Act ,
Advanced Notice of Proposed Rulemaking (ANPRM) ,
Estoppel ,
Inter Partes Review (IPR) Proceeding ,
Obviousness ,
Parallel Claims ,
Patent Invalidity ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Petitioner Reply Briefs ,
Post-Grant Review ,
Precedential Opinion ,
Prior Art ,
Proposed Guidance ,
USPTO
In a year of extraordinary change, the Patent Trial and Appeal Board (PTAB) rose to the challenge - Given the challenges of 2020 – a global pandemic, a deep economic recession, and a turbulent presidential election, among...more
3/8/2021
/ Appeals ,
Biologics ,
Inter Partes Review (IPR) Proceeding ,
Patent Litigation ,
Patent Ownership ,
Patent Trial and Appeal Board ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Post-Grant Review ,
USPTO
The Patent Trial and Appeal Board (PTAB) remains the forum of choice for challenging the validity of patent claims. However, it is notable that a comparison of 2019 and 2018 statistics reveals about a 30 percent decline in...more