Posts Tagged: ex parte


Berkheimer, the Administrative Procedure Act, and PTO Motions to Vacate PTAB § 101 Decisions

After several years in which the U.S. Patent and Trademark Office (PTO) did not seem to have an official position on the issue, and many Patent …

Still No Answer From PTAB on Apple Sanctions Request Against VoIP-Pal After Six Months

And yet, despite this apparent vindication of VoIP-Pal’s patents against the strongest of odds in an executive branch tribunal where APJ panels are stacked in the …
By Steve Brachmann
1 year ago 12

Rethinking Article III Standing in IPR Appeals at the Federal Circuit

In 2011, as part of the American Invents Act (“AIA”), Congress significantly restructured the way in which previously issued patents could be challenged.   In some cases, existing post-issuance …

Allegations of ex parte PTAB Communications raise more questions of due process, APA violations

Apple raised concerns of due process implications of ex parte communications and their impact on its trial. Apple’s motion demonstrates that PTAB does not publish ex …
By Steve Brachmann
2 years ago 12

Cognitive Dissonance: How the PTAB Reported Appeal Statistics Ruins the Data for Everyone

The PTO reports a case as affirmed if all claims are rejected for at least one issue on appeal and reversed if all claims are reversed for …
By Adam Stephenson
2 years ago 2

Ignorance of the Law is No Excuse for Cost of the USPTO’s High ex parte Appeal Reversal Rates

As the old saying goes: Ignorance of the law is no excuse. So there seems to be no good reason that the Examining corps’ inability to apply …
By Adam Stephenson
2 years ago 8

Vestas says it will challenge GE’s claims in lawsuit filed over wind turbine patent

Boston, MA-based global digital industrial firm General Electric filed a complaint for patent infringement against Dutch wind turbine company Vestas Wind Systems A/S. GE filed the …
By Steve Brachmann
2 years ago 6

Sovereign Immunity of Patents: While a Strong Benefit to Patent Owners, These Patents Remain Subject to Traditional Challenges

The United States Patent Trial and Appeal Board (“PTAB”) recently dismissed another inter partes review (“IPR”) based on an assertion of 11th Amendment sovereign immunity.  This decision …

PTAB chief judge Ruschke discusses ex parte appeals, PGR reform and more with PPAC

Ruschke's claim that only PTAB judges familiar with the technology involved are assigned in ex parte appeals seems false based on what we know has happened in …

Ex Parte Appeal Oral Hearings: Making Your Case Right Before Decision Time

This data set shows that Oral Hearings are rarely conducted. (See Figure 1.) Across the 72,443 appeals, only 459 (0.63%) appeals had an Oral Hearing... As shown in Figure 4, Oral Hearings …
By Kate Gaudry & Sameer Vadera
2 years ago 1

Alice on Dulany Street: How the PTAB handles 101 in ex parte appeals

In many of the decisions, the examiners and appellants had an opportunity to make arguments based on Alice before the PTAB reached a decision. Yet, the outlook …
By Eli Mazour & James Bennin
3 years ago 3

What’s New with the Changes to the Trademark Trial and Appeal Board Rules of Practice

The Trademark Trial and Appeal Board (TTAB or the Board) Rules of Practice will change on January 14, 2017. The new rules will be applicable to all inter partes (…
By Eric Ball & Emily Gische
3 years ago 0

Ex Parte Appeals in the Post-Alice World

Amongst the appeals involving patent-eligibility rejections, the most recently filed appeal brief was filed in November 2015. Thus, all of the appeal briefs and most of the PTAB …
By Kate Gaudry & Samuel Hayim
3 years ago 17