Posts Tagged: Patent Trial and Appeal Board


What is Director Iancu Proposing the USPTO do for §101 Analysis?

Director of the U.S. Patent and Trademark Office Andrei Iancu made some interesting remarks yesterday at the Intellectual Property Owners Association Annual Meeting in Chicago on …
By Kevin A. Rieffel
24 days ago 44

Are all U.S. Patent Claims Invalid?

Nobel Biocare Srvcs. AG v. Instradent USA, Inc. makes one wonder whether all U.S. patents are invalid, or will eventually become invalid. This case demonstrates that …
By Gene Quinn
25 days ago 28

Federal Circuit Affirms PTAB Invalidation of Claims Federal Circuit Previously Upheld as Valid

Previously, the ITC instituted an investigation of Instradentdental implants based on a complaint filed by Nobel alleging violations of 19 U.S.C. § 1337 by reason of importation of …

Federal Circuit Affirms PTAB’s Finding of Implicit Disclosure

The Federal Circuit recently issued an opinion affirming the Patent Trial and Appeal Board’s (“PTAB”) finding of obviousness of a hot-spot technology patent based on implicit …

USPTO Substantially Revises PTAB Standard Operating Procedures

Earlier today the USPTO announced the substantial revision of Standard Operating Procedures (“SOPs”) for the paneling of matters before the PTAB (SOP1) and precedential and informative decisions (…
By Gene Quinn
29 days ago 13

Could Have, Should Have, Would Have

It is irresponsible for adults to give children who fail to complete their work credit based on the excuse that the children could have, should have, would …
By David Wanetick
1 month ago 35

Capitol Hill Roundup

This week in Capitol Hill hearings, it will be a relatively light week all around, and particularly so for those who focus on intellectual property, technology and …
By Steve Brachmann
1 month ago 0

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
1 month ago 8

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
1 month ago 2

PPAC Fee Hearing Discusses Proposed Increases to Late Payments, AIA Trial Fees

Lisa Jorgenson, executive director of the American Intellectual Property Law Association (AIPLA), asked the agency to better justify the increased surcharge for late maintenance fee payments as …
By Steve Brachmann
1 month ago 5

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
1 month ago 38

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
1 month ago 8

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
1 month ago 7

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