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
Fish principal and host Rick Bisenius speaks with Kevin McNish from McNish PLLC to discuss appeals to the Federal Circuit from the PTAB, including:
- What factors to consider when deciding whether to request a rehearing at...more
Fish principal and host Rick Bisenius speaks with guest and former co-counsel Nick Tsui, a senior associate with Alston & Bird’s Intellectual Property Litigation Group. They discuss the interplay between concurrent...more
This episode of Fish Post-Grant Radio, hosted by Rick Bisenius, touches on AI and Machine Learning with Tom Rozylowicz, a principal in our Washington, D.C. office. With a market that is estimated to be around $300 billion by...more
This episode of Fish Post-Grant Radio features Fish attorneys Stuart Nelson – in his final episode as host – and Rick Bisenius, who will take over from Stuart going forward. In it, they discuss major precedential PTAB...more
8/27/2021
/ America Invents Act ,
Inter Partes Review (IPR) Proceeding ,
Motion to Amend ,
Patent Infringement ,
Patent Litigation ,
Patent Prosecution ,
Patent Trial and Appeal Board ,
Patents ,
Precedential Opinion ,
Printed Publications ,
PTAB Precedential Opinion Panel (POP)
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