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2024 Post-Grant Annual Report

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

2022 Post-Grant Annual Report

2022 was a milestone year for the Patent Trial and Appeal Board. In April, Kathi Vidal began her tenure as Director of the United States Patent and Trademark Office with an early focus on promoting increased efficiency at the...more

2020 Post-Grant Report

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

POP Designates Two Discretionary Denial Decisions Precedential

The Patent Trial and Appeal Board’s Precedential Opinion Panel (POP) recently designated two decisions as precedential concerning the Board’s discretion to deny petitions for inter partes review (IPR) under § 325(d). The...more

PTAB Publishes Update to AIA Trial Practice Guide

On July 15, 2019, the USPTO published its second update to the AIA Trial Practice Guide (the “Trial Guide Update” or the “Guide”). The Trial Guide Update addresses a wide variety of topics ranging from the filing of a...more

Class Action Suit Argues that IPR is an Unconstitutional Taking

In declaring that the inter partes review (IPR) process did not violate Article III and the Seventh Amendment, Justice Thomas’ majority opinion in Oil States emphasized the narrowness of its holding, stating expressly that...more

Legal Alert: Implications of Oil States Energy Services, LLC v. Greene’s Energy Group, LLC and SAS Institute Inc. v. Iancu

As the most-active firm practicing at the Patent Trial and Appeal Board (PTAB), we are proud to have shared in our clients’ successes over the years. Fish was one of the first firms to file a post-grant petition in 2012, and...more

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