In July, the United States Patent and Trademark Office announced several changes to the interim process for Director review of Patent Trial and Appeal Board decisions. Originally established shortly after the Supreme Court’s...more
Any litigator will be familiar with the routine expectations of a deposition: eight hours in a conference room, gathering every fact and admission possible from a witness, and countless objections. Litigators may be surprised...more
Your inter partes review (“IPR”) was instituted, you’ve gone through discovery, and now finally your oral argument before the Patent Trial and Appeal Board (“PTAB”) is approaching. But who will actually sit on the bench?...more
Much like discovery, oral hearings before the Patent Trial and Appeal Board (“PTAB”) share some similarities with federal district court litigation, but they also include important differences. ...more
Litigants facing their first inter partes review (“IPR”) before the Patent Trial and Appeal Board (“PTAB”) may be surprised to learn that discovery timing, procedures, and scope are quite different compared to district court...more
You have been sued for patent infringement and decided to challenge the validity of the patent at inter partes review (“IPR”). The next major decision you need to make is “when?” Concurrent district court litigation and IPR...more
You have just been sued for patent infringement, now what? One of the key defenses in any infringement suit is challenging the validity of the asserted patent. While litigating invalidity as part of an infringement lawsuit...more
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
Supreme Court Docket No. 17-1594 - Appeal of Return Mail, Inc. v. United States Postal Serv., 868 F.3d 1350 (Fed. Cir. Aug. 28, 2017) - The Supreme Court has granted, in part, Return Mail’s Petition for Writ of Certiorari...more