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Senators Kick off Bipartisan Patent Reform Effort

In an unusual bipartisan effort, Senator Thom Tillis (R-N.C.) and Senator Chris Coons (D-Del.) have introduced a pair of bills that seek to strengthen US patents by limiting permissible challenges. The bill led by Tillis,...more

Patent Office Cancels Patents for Inadequate Voluntary Disclosure in IPRs

Inter partes reviews (IPRs) are litigation-like procedures held before the Patent Trial and Appeal Board (PTAB) of the United States Patent and Trademark Office that are used to challenge the validity of patents. Typically,...more

Impact of IPR Clarified

Patent owners know that competitors can challenge their patents in the US Patent and Trademark Office (USPTO). These challenges, known as inter partes reviews (IPRs), were created with the goal of improving patent quality....more

Final IPR Decisions Now Subject To Director Review

Disappointed with the final decision in your inter partes review (IPR) or post-grant review (PGR)? Under a new interim procedure, you may now seek review by the director of the U.S. Patent and Trademark Office. The Office is...more

Supreme Court Holds Patent Board Exercised Unconstitutional Power In Inter Partes Reviews, But Leaves Many Issues Unresolved

Inter partes reviews (IPRs)—and other post-grant patent review proceedings at the US Patent and Trademark Office—have survived another constitutional challenge. The Supreme Court held that the authority historically exercised...more

New Rules Will Help Patents Survive IPRs

The US Patent and Trademark Office (USPTO) has now made another rules change to counter the charge that it is a patent “death squad.” The upcoming change to the rules governing inter partes reviews (IPRs) and post-grant...more

Supreme Court Provides Patent Office Greater Freedom In Its Inter Partes Review Decisions

The Supreme Court recently held that a Patent Trial and Appeal Board (PTAB) determination on whether a petition for an inter partes review (IPR) was filed on time is not appealable. The relevant provision of patent law...more

Uncertainty Remains—Fixing Unconstitutionality Of IPR Decisions

By denying rehearing of a judicial panel’s original decision in Arthrex v. Smith & Nephew, et al., the Federal Circuit Court of Appeals as a whole has effectively confirmed that inter partes reviews (IPRs) have been...more

Is Arthrex Uncertainty Leading To The Supreme Court?

Last week, we alerted you that the Federal Circuit Court of Appeals called all recent final inter partes review (IPR) decisions into question. Today, we alert you to increasing uncertainty in the wake of the Arthrex v. Smith...more

Appellate Court Calls All Recent Final IPR Decisions Into Question

All final written decisions in inter partes reviews (IPRs) suffer from a constitutional defect according to a recent decision of the Federal Circuit Court of Appeals. The decision suggests that the constitutional problem may...more

Patent Office Proposes Greater Certainty In IPR Claim Amendment Process

The Patent Office has proposed new rules that may help patent owners avoid invalidation by amending patent claims in inter partes reviews (IPRs). When IPRs first became available, patent owners criticized the Patent Office...more

Updates To PTAB Trial Practice Guide Provide Better IPR Road Map

Patent Trial and Appeal Board (PTAB) proceedings, such as inter partes reviews (IPRs), have become popular alternatives to patent litigation in federal courts. Recent updates to the PTAB’s Trial Practice Guide provide welcome...more

Let’s Talk At Half Time: Patent Board Establishes When A Witness May Confer With Counsel

The Patent Trial and Appeal Board (PTAB) has recently issued a precedential decision relating to an important but long unresolved issue that commonly arises during depositions in inter partes reviews and similar proceedings...more

USPTO Issues Guidance On PTAB Proceedings In Light Of SAS Institute Case

In SAS Institute Inc., v. Iancu et al. (584 U.S. ___ (2018)), the U.S. Supreme Court addressed whether the Patent Trial and Appeals Board (PTAB) is required to decide the patentability of every claim challenged by a...more

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