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
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
6/23/2021
/ 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 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
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
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
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
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
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
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
Can a confidential agreement between a pharmaceutical company and a distributor constitute a patent-invalidating offer for sale of a pharmaceutical product, even if information about the product is never revealed to the...more
1/25/2019
/ America Invents Act ,
Appeals ,
Assignment of Inventions ,
Confidentiality Agreements ,
Helsinn Healthcare SA v Teva Pharmaceuticals USA Inc ,
Inventions ,
On-Sale Bar ,
Patent Applications ,
Patent Infringement ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Popular ,
Public Use ,
Reaffirmation ,
Reversal ,
SCOTUS ,
Section 102 ,
Third-Party Relationships