News & Analysis as of

Oral Hearings Patent Trial and Appeal Board

Manatt, Phelps & Phillips, LLP

Patent Trial and Appeal Board Publishes Updated Oral Hearing Guide

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

Jones Day

PTAB Publishes Revised Oral Hearing Guide

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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

McDermott Will & Emery

PTO Issues Oral Hearing Guide for Patent Trial & Appeal Board Proceedings

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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

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

PTAB Strategies and Insights Newsletter - December 2022: "LEAP to Chambers" Program: Associate Perspectives

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

McDonnell Boehnen Hulbert & Berghoff LLP

Oral Hearing in Interference No. 106,126

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

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

Fish & Richardson

Oral Hearings at the PTAB: What to Expect

Fish & Richardson on

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

Jones Day

PTAB Oral Argument Procedures in view of COVID-19

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On March 13th, the PTAB issued the following notice...more

Knobbe Martens

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

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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

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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

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

PTAB Strategies and Insights - August 2018: Summary of Trial Practice Guide Updates

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

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