Stages of Patent Invalidation Proceedings
JONES DAY TALKS®: Women in IP: 2020 in Review and a Look Toward 2021
Not surprisingly, the Special Committee of the Federal Circuit after an Oral Hearing on July 10th voted unanimously the maintain Judge Newman's suspension (see "Judge Newman Suspended for One Year by Federal Circuit") handed...more
The Patent Trial and Appeal Board (Board) has published an updated Oral Hearing Guide to reflect current practice before the Board. The changes include: Remote option for participating in America Invents Act (AIA) trials....more
Recently, in Snyder v. Old World Classics, LLC, 2023-Ohio-4019, Ohio’s Ninth District Court held that any motion to compel arbitration under Ohio Revised Code 2711.03 requires an oral hearing. This is contrary to opposing...more
On November 3, the Financial Stability Oversight Council (FSOC) voted unanimously to finalize the procedures for designating a nonbank financial company for Federal Reserve supervision. FSOC’s Interpretive Guidance aims to...more
The Patent Trial and Appeal Board (“PTAB”) recently published a revised PTAB Oral Hearing Guide (August 2023) updating prior guidance on hearings. The revised Guide includes changes to: 1. Remote participation in PTAB...more
On August 31, 2023, the US Patent & Trademark Office (PTO) published an Oral Hearing Guide to aid parties with oral arguments before the Patent Trial & Appeal Board. The newest Oral Hearing Guide updates the 2019 Oral Hearing...more
On November 9, 2022, the USPTO’s Legal Experience and Advancement Program (LEAP) hosted "LEAP to Chambers," a new LEAP initiative to provide LEAP-eligible practitioners with an inside perspective on practicing before PTAB. ...more
The Patent Trial and Appeal Board held an Oral Hearing between Junior Party the Broad Institute, Harvard University and MIT (collectively, "Broad") and Senior Party ToolGen on September 12th, bringing to a close proceedings...more
To invalidate patent is a common attack method in the "patent war", especially when patentee uses the patent to litigate or demand high licensing fee. I divide the patent invalidation proceedings into three stages:...more
In Qualcomm Inc. v. Intel Corp., the Federal Circuit ruled that the Patent Trial and Appeal Board violated patent owner Qualcomm’s rights under the Administrative Procedures Act (APA) by not giving it notice and a chance to...more
[co-author: Jay Bober, Summer Associate] 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...more
Jones Day's Meredith Wilkes and Anna Raimer discuss 2020's most significant developments in trademark law and preview what's to come in 2021, including possible progress in Washington on the highly anticipated Trademark...more
EPO - By way of an update, on 10 November 2020, the EPO has decided that all oral proceedings in opposition cases shall be held by videoconference as standard. Only if there are serious reasons preventing the use of video...more
Last week, Microsoft got tripped up at oral argument on the blocking and tackling of IPR practice: making sure your prior art is prior art....more
The Patent Trial and Appeal Board’s (PTAB) obstacles to successful motions to amend have been daunting. As published previously, filing motions to amend have historically been an exercise in futility due to their low chance...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
On March 13th, the PTAB issued the following notice...more
THE CHAMBERLAIN GROUP, INC. v. ONE WORLD TECHNOLOGIES, INC. Before Dyk, Reyna, and Hughes. Appeal from the Patent Trial and Appeal Board. Summary: New arguments may be raised during PTAB oral hearings so long as they...more
TQ Delta LLC v. Dish Network LLC - Before: Newman, Linn, and Wallach. Appeal from the Patent Trial and Appeal Board. Summary: The rights of parties in an IPR are not violated when the PTAB provides adequate notice of...more
With ongoing advances in technology and communications, the number of contracting parties looking beyond their local jurisdiction when choosing a dispute resolution forum continues to grow It is easier than ever for...more
On August 10, 2018, the United States Patent and Trademark Office published a Federal Register notice announcing updates to the Office Patent Trial Practice Guide (TPG). The TPG was first published in August 2012 to provide...more