Hooper, Kearney and Macklin on Cutting Edge Topics in the False Claims Act
Apple Inc. v. Vidal, Appeal No. 2022-1249 (Fed. Cir. Mar. 13, 2023) In our Case of the Week, the Federal Circuit allowed Apple’s challenge to the Patent Trial and Appeal Board’s (“PTAB”) Fintiv rules to proceed, at least...more
USPTO Director Considers Changes to Director Review Process - Recently, USPTO Director Kathi Vidal stated that she is rethinking the Director Review process and is considering updating the current guidance on Director...more
The Leahy-Smith America Invents Act granted the Patent Office authority to issue “regulations . . . establishing and governing inter partes review.” 35 U.S.C § 316(a)(4). For the Patent Trial and Appeal Board (“Board”) to...more
The PTAB Strategies and Insights newsletter provides timely updates and insights into how best to handle proceedings at the USPTO. It is designed to increase return on investment for all stakeholders looking at the entire...more
USPTO News - ..On October 26, 2021, President Joe Biden nominated Kathi Vidal, the managing partner of Winston and Strawn’s Silicon Valley office, as the next Under Secretary for Intellectual Property and Director of the...more
In a series of non-precedential orders, the US Court of Appeals for the Federal Circuit reiterated that it lacks jurisdiction to hear appeals on whether the Patent Trial and Appeal Board properly decided to deny inter partes...more
On October 20, 2020, the PTO published in the Federal Register a request for comments about whether it should embark on a formal notice-and-comment rulemaking process directed to how the PTAB exercises its discretion in...more
The procedural niceties of the U.S. Patent and Trademark Office's implementation of the post-grant review features of the Leahy-Smith America Invents Act continue to be explicated in the Federal Circuit (and of course, the...more