News & Analysis as of

Patent Re-Examination

Inconsistent PTAB Findings Lead to Error

by McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit affirmed in part, vacated in part and remanded the decisions in two re-examinations after finding that they contained inconsistent holdings on identical issues on essentially...more

Federal Circuit Says PTO Submissions can Waive Privilege to Future Communications

On July 20, 2017, the United States Court of Appeals for the Federal Circuit in In re OptumInsight denied OptumInsight’s petition for writ of mandamus on privilege waiver. The court held that the District Court for the...more

A Refresher on Re-Examination Estoppel

by McDermott Will & Emery on

Addressing the pre-AIA estoppel provision of 35 USC § 317(b), the US Court of Appeals for the Federal Circuit affirmed a Patent Trial and Appeal Board (PTAB) decision not to terminate all pending re-examinations of a patent...more

PTAB May Institute Re-Examination Even Where Requester Wants It Denied

by McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit found that the Patent Trial and Appeal Board (PTAB) properly instituted an inter partes re-examination even though the requester had asked it to deny institution and had...more

Inter Partes Re-Examination Estoppel Saves Rejected Claims

by McDermott Will & Emery on

Addressing statutory estoppel issues in connection with inter partes re-examination, the US Court of Appeals for the Federal Circuit ordered the Patent Trial and Appeal Board (PTAB) to dismiss a re-examination against certain...more

Battle-Of-The-Stays - Chalk Up Another Victory to the Petitioners

by Jones Day on

The multiple flavors of review and prosecution at the Patent Office produce an environment where a patent family could be subject to inconsistent results. Conceivably, patents in a pre-AIA patent family could simultaneously...more

Post-Grant Patent Amendment – Canadian and US Options

by Field Law on

On the long and sometimes bumpy road of patent prosecution, a Notice of Allowance can be a welcome sign that you are nearly at your destination: a granted patent. But the journey is not over yet. At the time of grant, what if...more

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