News & Analysis as of

America Invents Act

The Leahy-Smith America Invents Act is a United States federal statute enacted in 2011 aimed at simplifying the U.S. patent system and allowing inventions to be brough to market sooner. The AIA makes significant... more +
The Leahy-Smith America Invents Act is a United States federal statute enacted in 2011 aimed at simplifying the U.S. patent system and allowing inventions to be brough to market sooner. The AIA makes significant changes to the patent system, including changing from a first-to-invent scheme to a first-to-file scheme, eliminating interference proceedings and developing post-grant opposition.  less -

Three Things To Know About Rule 130 Declarations

by Foley & Lardner LLP on

A few weeks ago I joined Kathleen Fonda, Ph.D., J.D., Senior Legal Advisor in the USPTO’s Office of Patent Legal Administration, and Gary Ganzi, J.D., Senior Counsel and Head of Intellectual Property for Evoqua Water...more

IPR and CBM Statistics for Final Written Decisions Issued in December 2017

by Finnegan – AIA Blog on

The Patent Trial and Appeal Board issued 61 IPR and CBM Final Written Decisions in December, including decisions following remands from the Federal Circuit, cancelling 852 (73.83%) instituted claims while declining to cancel...more

Courts Can Review the PTAB’s Time-Bar Determination of IPR Institution

In Wi-Fi One, LLC v. Broadcom Corp., No. 2015-1944 (Fed. Cir. Jan. 8, 2018), the Federal Circuit, en banc, held that the Patent Trial and Appeal Board (PTAB)’s time-bar determination under § 315(b) is reviewable. The Court...more

Wi-Fi, One v. Broadcom: En Banc Federal Circuit Held The Time-Bar Determinations (§ 315(b)) Appealable

n its first en banc decision of 2018, the Federal Circuit held that “judicial review is available for a patent owner to challenge the U.S. Patent and Trademark Office’s determination that the petitioner satisfied the...more

PTAB Designates Two 35 U.S.C. §315(b) Cases Informative

by Jones Day on

On January 10, 2018, the PTAB designated two decisions weighing on 35 U.S.C. § 315(b) as informative: Luv N’ Care, Ltd. v. McGinley, IPR2017-01216, Paper 13 (P.T.A.B. Sept. 18, 2017) (AIA § 315(b), insufficient funds at...more

Federal Circuit Holds That IPR Time-Bar Determinations Can Be Appealed

Earlier this week, the Federal Circuit issued an en banc opinion in Wi-Fi One v. Broadcom that holds the PTAB’s determinations of whether an IPR petition was timely filed under 35 U.S.C. § 315(b) are appealable. In reaching...more

Federal Circuit Lifts Bar on Judicial Review of PTAB Time-Bar Determinations

by Morgan Lewis on

The Federal Circuit recently reversed course and expanded judicial review of PTAB institution decisions to include time-bar determinations, potentially clearing a path for petitioners and patent owners to appeal other...more

Federal Circuit Loosens Constraints on Appeals of PTAB Decisions

Judicial review of post-grant patent proceedings at the Patent Trial and Appeal Board (PTAB) is limited, but a federal court of appeals has somewhat loosened the restriction. On January 8, 2018, in Wi-Fi One, LLC v. Broadcom...more

Wifi One, LLC v. Broadcom Corp: Petitions for Inter Partes Review Are Time-barred Are Reviewable On Appeal

by Fish & Richardson on

On January 8, 2018, the Federal Circuit sitting en banc issued its decision in Wifi One, LLC v. Broadcom Corp., No. 2015-1944, holding that PTAB decisions with respect to whether petitions for inter partes review are...more

Federal Circuit PTAB Appeal Statistics – December 2017

by Finnegan – AIA Blog on

Through December 15, 2017, the Federal Circuit decided 289 PTAB appeals from IPRs and CBMs. The Federal Circuit affirmed the PTAB on every issue in 216 (74.74%) cases, and reversed or vacated the PTAB on every issue in 32...more

Federal Circuit reverses course, ruling time-bar defense to inter partes review is appealable

by Dentons on

The US Court of Appeals for the Federal Circuit (the Court), sitting en banc, ruled on Monday, January 8, 2018, that a determination by the Patent Trial and Appeal Board (PTAB) as to whether a petition for inter partes review...more

En Banc Federal Circuit Majority Rules Time-Bar Determinations By PTAB Are Appealable

by Jones Day on

In yesterday’s en banc decision in Wi-Fi One v. Broadcom Corp., Nos. 15-1944, -1945 & -1946 (Fed. Cir. Jan. 8, 2018), the en banc Federal Circuit addressed issues regarding judicial review of the PTAB’s time-bar...more

Skeptical St. Regis Mohawk Tribe Requests Discovery Regarding Panel Selection Circumstances

The creation of adversarial procedures before the Patent Trial and Appeal Board under the Leahy-Smith America Invents Act (post-grant review, inter partes review, and covered business methods review) has raised a number of...more

PTAB Increasing AIA Trial Fees in January

by Finnegan – AIA Blog on

On January 16, 2018, the USPTO will increase its fees for inter partes reviews (IPR), post-grant reviews (PGR), and covered business method reviews (CBM). The base cost for an IPR increases from $23,000 to $30,500. ...more

Top Stories of 2017: #15 to #19

After reflecting upon the events of the past twelve months, Patent Docs presents its 11th annual list of top patent stories. For 2017, we identified nineteen stories that were covered on Patent Docs last year that we believe...more

The Board Gives Section 325(d) Sharp Teeth—Part III —Things Are Looking Up for Patent Owners

This is the third of a three-part series discussing developments around Section 325(d). Part one appeared in our October 2017 newsletter and part two appeared in our November 2017 newsletter. As we have noted in each of...more

PTAB Denies CBM Institution Based on Technological Invention Exception

by Jones Day on

On December 1, 2017, the PTAB denied institution of a covered business method (“CBM”) petition because the challenged patent is directed to a “technological invention” and therefore is ineligible for CBM review under section...more

PTAB Explains Procedure for Handling Remand from Federal Circuit

by McDermott Will & Emery on

In November 2017, the Patent Trial and Appeal Board (PTAB) issued Standard Operating Procedure (SOP) 9, explaining the procedures it will use to address remands from the US Court of Appeals for the Federal Circuit. The PTAB...more

The Turning Tide of Adoption of the Lead Compound Analysis Is Favoring Patent Owners at the PTAB

The PTAB is starting to provide teeth to the Federal Circuit’s lead compound analysis making it more difficult for petitioners to successfully challenge chemical patents in AIA proceeding, as well as providing patent owners...more

A Handy Guide to Oil States, the Case that Has Captivated the Patent Community

What is at issue in Oil States Energy Services LLC v. Greene’s Energy Group LLC? The constitutionality of inter partes review proceedings. Originally published in Westlaw Journal Intellectual Property Magazine on November...more

Will Inter Partes Reviews Be Abolished By The Supreme Court?

by Dickinson Wright on

On November 27, 2017, the Supreme Court heard oral arguments in a case that could undermine a key provision in the America Invents Act. Oil States Energy Services, LLC v. Greene’s Energy Group, LLC (Oils States). The issue...more

IPR and CBM Statistics for Final Written Decisions Issued in November 2017

by Finnegan – AIA Blog on

The Patent Trial and Appeal Board issued 35 IPR and CBM Final Written Decisions in November, including decisions following remands from the Federal Circuit, cancelling 328 (62.84%) instituted claims while declining to cancel...more

Federal Circuit PTAB Appeal Statistics – November 2017

by Finnegan – AIA Blog on

Through November 15, 2017, the Federal Circuit decided 275 PTAB appeals from IPRs and CBMs. The Federal Circuit affirmed the PTAB on every issue in 205 (74.55%) cases, and reversed or vacated the PTAB on every issue in 31...more

Supreme Court Hears Argument in SAS Institute, Inc. v. Complementsoft, LLC

Perhaps overlooked in the widespread assessments of the Supreme Court's questioning of the parties in Oil States Energy Services, LLC. v. Greene's Energy Group, LLC is the argument before the Court in SAS Institute, Inc. v....more

SCOTUS Hears Oral Argument on PTAB's Practice of Instituting Review and Issuing Final Decisions on Fewer Than All Challenged...

by White & Case LLP on

On Monday, November 27, 2017, the Supreme Court of the United States heard oral argument in SAS Institute Inc. v. Matal et al. regarding whether the Patent Trial and Appeal Board (PTAB) must issue a final written decision as...more

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