News & Analysis as of

Oral Hearings Inter Partes Review (IPR) Proceeding

Jones Day

PTAB Publishes Revised Oral Hearing Guide

Jones Day on

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

Sterne, Kessler, Goldstein & Fox P.L.L.C.

PTAB Strategies and Insights - July 2021: Can the PTAB Adopt a New Construction of an Agreed-Upon Term?

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

Sterne, Kessler, Goldstein & Fox P.L.L.C.

PTAB Strategies and Insights - July 2021

[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

Rothwell, Figg, Ernst & Manbeck, P.C.

Avoidable Errors at the PTAB: When an “Index” is Not an “Index”

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

Sterne, Kessler, Goldstein & Fox P.L.L.C.

PTAB Strategies and Insights - July 2020: Motions to Amend Post Hunting Titan

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

Knobbe Martens

New Arguments Presented for the First Time During PTAB Oral Hearings Are Not Always Waived

Knobbe Martens on

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

Knobbe Martens

Federal Circuit Holds Adequate Notice of PTAB's Claim Construction Provided Through Oral Hearing

Knobbe Martens on

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

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