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A Distillation of the USPTO’s Notice of Proposed Rulemaking: “Changes under Consideration to Discretionary Institution Practices,...

On April 20, 2023, the USPTO announced Advance Notice of Proposed Rulemaking for potential PTAB reforms. The goal of the Notice was to seek public input regarding proposed changes to discretionary institution practices,...more

PTAB Issues 2nd Update to Trial Practice Guide—Access the Complete Trial Practice Guide, including all revisions to date, here!

Yesterday (July 15th), the PTAB published a second update to its Trial Practice Guide. This second update is twice as long as the August 2018 update and relies extensively on the many recently-designated precedential and...more

Final Rules: PTAB Adopts Phillips Standard for AIA Trials

Earlier today, the United States Patent & Trademark Office published its final rule package changing the claim construction standard used in AIA trials, replacing the broadest reasonable interpretation (“BRI”) claim...more

PTAB Proposes Adopting Narrower Phillips Claim Construction Standard

Consistent with Director Iancu’s goal of providing greater predictability and certainty in the US patent system, the US Patent and Trademark Office (USPTO) on Tuesday proposed a new rule to change the standard for claim...more

No Moving Targets: Construing Patent Claims in View of SAS v. ComplementSoft

In its majority opinion rendered June 10, 2016 in SAS Institute, Inc., v. ComplementSoft, LLC, __ F. 3d __ (Fed. Cir. 2016), the Federal Circuit upheld the Patent Trial and Appeal Board’s construction of claim terms and...more

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