Posts in Patent Trial and Appeal Board


Smartflash Petitions Supreme Court to Challenge PTAB under Appointments Clause

In early August, patent owner Smartflash filed a petition for a writ of certiorari with the U.S. Supreme Court to appeal a case stemming from covered …
By Steve Brachmann
4 days ago 7

IPR Petitioner Bears Burden of Demonstrating Real Parties in Interest are Listed and Petitions are Not Time-Barred

Though the Board did not specify which party bore the burden of demonstrating that all real parties in interest were identified in the petition, it appeared to …

Some Rovi Patent Claims Survive IPR After PTAB Issues Final Decision in Comcast Challenge

On Monday, September 10th, the Patent Trial and Appeal Board (PTAB) issued a final decision in an inter partes review (IPR) proceeding petitioned by telecommunications conglomerate Comcast …
By Steve Brachmann
6 days ago 2

Canary in a Coal Mine: Sovereign Measures to Shield Patents from PTAB Raise Great Concerns

Congress must remove any meaningful advantage from sovereign ownership of patents by revising USPTO post-grant procedures so outcomes are more aligned with adjudication in the federal courts. …
By Gene Quinn
9 days ago 36

Dissecting Dissents for Ex Parte Appeals

Dissent is not the highest form of judgment for judges on the Patent Trial and Appeal Board (PTAB) of the United States Patent and Trademark Office (USPTO).  …
By Eli Mazour & Sora Ko
10 days ago 8

PTAB Brass steps into IPR to decide Apple motion for sanctions

On August 22nd, an order was entered in the inter partes review (IPR) proceedings currently ongoing between between VoIP-Pal and Cupertino, CA-based consumer device giant Apple Inc. …

Brett Kavanaugh: A history of Skepticism toward the growth of the Administrative State

As was the case with Justice Neil Gorsuch, Kavanaugh has a history of being skeptical toward the growth of the Administrative State, which means the growth of …
By Gene Quinn & Steve Brachmann
13 days ago 7

The Federal Circuit’s Hidden Agenda

One might naturally expect that, if a rejection under § 101 appealed from the PTAB failed to address all the claim limitations and had zero supporting evidence to determine …

USPTO begins process for finding new leadership at the PTAB

Just days prior to our interview an announcement was made that PTAB Chief Judge David Ruschke would be stepping down and assuming new responsibilities. "At the PTAB, …
By Gene Quinn
15 days ago 7

A Personal Plea From the Zip-It Inventor to Support the Inventor Protection Act

Cobra Products filed a lawsuit for patent infringement. G.T. Water then filed for a re-examination of my patent at the U.S. Patent and Trademark Office …
By Gene Luoma
18 days ago 35

Federal Circuit Vacates PTAB Decision for Failure to Consider Ericsson Reply Brief

In its decision, the Federal Circuit noted that the PTAB is entitled to strike arguments improperly raised in a reply brief under 37 CFR § 42.23(b). However, the appellate …
By Steve Brachmann
20 days ago 0

Board Decision Vacated Due to §315 Time-Bar Despite USPTO Intervention

The Federal Circuit recently issued a decision that once again addressed the issue of whether an IPR was time-barred. The Court vacated the final written decision of …

IPR Time-Bar Applies Even If Patent Infringement Suit Voluntarily Dismissed

In Click-To-Call Technologies v. Ingenio, Inc., Yellowpages.com, LLC, the Federal Circuit, sitting en banc, held §315(b) precludes IPR institution when the IPR petitioner was served with …

The Updated PTAB Trial Practice Guide – Not Quite There Yet

While the changes to the Trial Practice Guide begin to move the rules in the right direction, more is needed before post-grant proceedings will be accepted as …
By Russell Slifer
25 days ago 2

Without even a modicum of transparency, PTAB doesn’t deserve benefit of the doubt

The American system of justice is built upon transparency. Transparency is mandatory for there to be a truly fair, balanced, open, honest and equal system where no …
By Gene Quinn
29 days ago 25

Our website uses cookies to provide you with a better experience. Read our privacy policy for more information.Accept and Close