The USPTO is considering changes to provide a framework to guide practitioners and the PTAB in assessing the circumstances that warrant the PTAB’s exercise of its discretion to deny a petition.
The USPTO is considering...more
The Supreme Court rules that Administrative Patent Judges exercise power that conflicts with the design of the Appointments Clause.
Administrative Patent Judges are inferior officers because they are appointed by the...more
6/24/2021
/ Administrative Patent Judges ,
Appointments Clause ,
Arthrex Inc v Smith & Nephew Inc ,
Executive Branch ,
Executive Powers ,
Inter Partes Review (IPR) Proceeding ,
Patent Trial and Appeal Board ,
Patents ,
SCOTUS ,
United States v Arthrex Inc ,
USPTO
The PTAB’s denial of Apple’s attempt to join Microsoft’s IPR suggests increased hurdles for copycat petitions.
Serial petitions will be heavily scrutinized and often denied using the General Plastic factors, even when the...more
The Federal Circuit recently held that substitute claims proposed by a patent owner in an IPR are not limited to patentability challenges under 35 U.S.C. §§102 and 103, and can be challenged under 35 U.S.C....more
Parties not wishing to have agreements unrelated to the settlement made of record before the PTAB should not refer to those agreements in the PTAB settlement agreement.
Any agreement referenced in a settlement agreement...more
Thankfully, that patent case you litigated a few years back is long gone in the rear-view mirror. As the plaintiff, you received a nice lump sum payment and a going forward royalty. Even better, the defendant agreed to never...more
9/23/2015
/ Corporate Counsel ,
Estoppel ,
Inter Partes Review (IPR) Proceeding ,
Oracle ,
Patent Infringement ,
Patent Litigation ,
Patent Royalties ,
Patent Trial and Appeal Board ,
Patents ,
Popular ,
Settlement Agreements ,
Young Lawyers
The Patent Trial and Appeal Board has made it hard for patent owners to amend their claims. Patrick Doody outlines the problems this causes and how to fix them.
Since being established under 2011’s America Invents Act...more
One of the most significant changes of the 2011 Leahy-Smith America Invents Act (“AIA”) takes effect on March 16, 2013, when the U.S. transitions from a “First-to-Invent” to a “First-Inventor-to-File” patent system,...more