News & Analysis as of

Post-Grant Review

Foley & Lardner LLP

Ranging Beyond The Written Description Requirement

by Foley & Lardner LLP on

Practitioners with an international patent practice generally view the U.S. written description requirement as more liberal than similar requirements in other jurisdictions, especially the European Patent Office. That said,...more

Knobbe Martens

Federal Circuit Review - June 2018

by Knobbe Martens on

A Complaint Identifying Infringing Products and the Patents Allegedly Infringed, Accompanied by Statements that the Products Meet All Elements of at Least One Claim of the Asserted Patents, May be Sufficient to Meet the...more

McDermott Will & Emery

Petitioner Has Standing when Injury Is Imminent

by McDermott Will & Emery on

While reversing a Patent Trial and Appeal Board (PTAB) decision that confirmed the validity of a patent, the US Court of Appeals for the Federal Circuit ruled that a post-grant review (PGR) petitioner has Article III standing...more

Jones Day

Hatch Bill: Restore Hatch-Waxman Balance; Limit Generics’ Access to PTAB

by Jones Day on

Senator Orrin Hatch (R-Utah), the namesake and coauthor of the Hatch-Waxman Act, proposed (but has not yet introduced) an amendment titled the “Hatch-Waxman Integrity Act of 2018” during the Senate Judiciary Committee held on...more

Morgan Lewis

2018 PTAB Digest: The Latest Trends and Developments in Post-Grant Proceedings

by Morgan Lewis on

Up-to-date and well-informed insights into PTAB proceedings from our Intellectual Property practice’s PTAB Working Group. Significant developments in 2017 include: ..Judicial review of institution decisions was expanded...more

Buchanan Ingersoll & Rooney PC

Possible Changes on the Way in IPRs, PGRs and CBMs – From Broadest Reasonable Interpretation to a Phillips Standard, Consideration...

As the sixth anniversary for implementation of inter partes reviews (“IPRs”), post-grant reviews (“PGRs”), and covered business method patent reviews (“CBMs”) under the America Invents Act approaches, the U.S. Patent and...more

Wilson Sonsini Goodrich & Rosati

The PTAB Review - June 2018

Orange Book-Listed Patents Prove to Be Popular Targets for AIA Challenges - On March 13, 2018, Chief Administrative Patent Judge Ruschke of the Patent Trial and Appeal Board (PTAB) released findings of the Patent Office’s...more

Goodwin

Proposed Amendment to Hatch-Waxman and BPCIA Could Curb IPRs by Generic and Biosimilar Applicants

by Goodwin on

On June 13, Senator Orrin Hatch (R-UT), co-author of the Drug Price Competition and Patent Term Restoration Act (aka the “Hatch-Waxman Act”), proposed an amendment in the Senate Judiciary Committee to modify the inter partes...more

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

PTAB Strategies and Insights - June 2018: How to Survive Post-Grant Proceedings

Though it can be difficult to avoid post-grant challenges, patents can be drafted to increase the chances of survival. In today’s environment, patents subject to post-grant proceedings face a very high likelihood of being...more

Foley & Lardner LLP

The Hobson's Choice Of The Hatch-Waxman Integrity Act

by Foley & Lardner LLP on

As we noted in this article on PTAB Trial Insights, Senator Hatch (R-UT) has introduced the Hatch-Waxman Integrity Act, which is intended to restore the brand-generic balance many say has been skewed by Inter Partes Review...more

Buchanan Ingersoll & Rooney PC

PTAB Experiences a Spike in New IPR Filings After Oil States

In its latest AIA trial statistics report, the PTAB has indicated that 160 petitions for inter partes review (IPR) were filed in May. This represents the most IPR petitions filed in a month since last June....more

Jones Day

Winner’s Playbook: Behind The Scenes Of The SAS Case

by Jones Day on

On April 24, 2018, in SAS Institute Inc. v. Iancu, a closely divided U.S. Supreme Court fundamentally changed the way that the Patent Trial and Appeal Board confronts inter partes reviews under the America Invents Act. The...more

Fish & Richardson

Fish Obtains First PGR Reversal at Federal Circuit in Altaire Pharmaceuticals, Inc. v. Paragon Bioteck, Inc.

by Fish & Richardson on

Fish and Richardson has obtained the first appellate reversal of a Post-Grant Review (PGR) proceeding at the United States Court of Appeals for the Federal Circuit since the proceedings were first implemented in...more

Schwabe, Williamson & Wyatt PC

Latest Federal Circuit Court Cases - June 2018 #2

PGS Geophysical AS, v. Andrei Iancu, Appeal Nos. 2016-2470, -2472, -2474 (Fed. Cir. June 7, 2018) - In appeals from three inter partes review, the Federal Circuit addressed transition issues for cases currently on appeal...more

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

Federal Circuit Interprets SAS as Applying to Claims and Grounds

In the wake of the Supreme Court’s decision in SAS Institute v. Iancu—which did away with the Patent Trial and Appeal Board’s (PTAB) partial-institution practice—parties and the Patent Office alike have been trying to...more

Jones Day

Indefiniteness Standard Applicable in PGRs: Reasonably Certain or Clear?

by Jones Day on

Whether a claim is indefinite under 35 U.S.C. § 112 is analyzed under different standards by District Courts and the PTAB. District Courts apply the standard articulated by the Supreme Court in Nautilus requiring a patent’s...more

Harness, Dickey & Pierce, PLC

2018 USPTO/AIPLA Customer Partnership Meeting

As a patent attorney with Harness, Dickey & Pierce, I was honored to attend and to moderate a panel of speakers at the 2018 Customer Partnership Meeting in May at the U.S. Patent and Trademark Office, which was hosted by...more

K&L Gates LLP

A Petitioner’s Dilemma in Post-Grant Reviews

by K&L Gates LLP on

Post-grant reviews (“PGRs”) can only be filed within a nine-month window starting from the issuance of the patent, but standing to appeal to the Federal Circuit requires “injury in fact.”...more

WilmerHale

Oil States v. Greene’s Energy: IPR Here to Stay, For Now

by WilmerHale on

The U.S. Supreme Court on April 24 issued its decision in the closely watched patent case Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, 138 S. Ct. 1365 (2018). The case addressed a constitutional challenge to...more

Workman Nydegger

Will There Be Less IPRs Moving Forward?: A Review of SAS Institute Inc. v. Iancu

by Workman Nydegger on

Recently, the Supreme Court handed down its decision in SAS Institute Inc. v. Iancu, 584 U.S. ____ 2018). In sum, the Supreme Court has decided that when instituting an inter partes review, the United States Patent and...more

Goodwin

Federal Circuit Addresses Standing in Decision on Appeal from PTAB

by Goodwin on

Last week, the Federal Circuit issued a decision in Altaire Pharmaceuticals, Inc. v. Paragon Bioteck, in which the court held that Altaire had standing to appeal the PTAB’s final written decision in a post-grant review...more

WilmerHale

Supreme Court Vacates Federal Circuit Decision Defining the Scope of CBM Review

by WilmerHale on

On May 14, 2018, the Supreme Court granted WilmerHale client PNC Bank National Association's (PNC Bank) petition for writ of certiorari and vacated a decision of the US Court of Appeals for the Federal Circuit restricting the...more

Polsinelli

USPTO Seeks to Change BRI Patent Claim Construction Standard

by Polsinelli on

The United States Patent Trademark Office announced on May 8 that it proposes to replace the broadest reasonable interpretation (“BRI”) standard for construing unexpired patents with the same standard used in Federal district...more

Knobbe Martens

Altaire Pharmaceuticals, Inc. v. Paragon Bioteck, Inc.

by Knobbe Martens on

Federal Circuit Summary - Before Wallach, O’Malley, and Schall. Appeal from the Patent Trial and Appeal Board. Summary: PGR petitioner has standing to appeal PTAB decision, where petitioner intended to file an ANDA for...more

Weintraub Tobin

USPTO Proposes Change In Claim Construction Standard For PTAB Proceedings Under The AIA

by Weintraub Tobin on

Currently, the standard for claim construction is different in AIA reviews before the United States Patent and Trademark Office’s (“USPTO”) Patent Trial and Appeal Board (“PTAB) than in proceedings in federal district courts...more

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JD Supra Privacy Policy

Updated: May 25, 2018:

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Information for EU and Swiss Residents

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Changes in Our Privacy Policy

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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