Stages of Patent Invalidation Proceedings
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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
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
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
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
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