Posts Tagged: post grant procedures


Tech Companies’ Lawsuit Against USPTO – and Small Business Inventors’ Motion to Intervene – Highlight Need to Address NHK-Fintiv Factors Via Rulemaking

On September 9, a panel of three administrative patent judges (APJs) at the Patent Trial and Appeal Board (PTAB) issued a decision denying institution of a petition filed …
By Steve Brachmann
9 days ago 7

Patent Filings Roundup: CBM Goes Out with a Whimper; Board Denies Unwired Planet Challenge After District Court Verdict; Fortress-Owned Divx Targets Devices

District court filings were substantially lulled this week, with about a third of what’s normal—33—filed to the Patent Trial and Appeal Board’s 32 petitions, propped …
By Jonathan Stroud
10 days ago 0

Special Interest Group Implores Congress to Extend CBM Program

Two weeks before the Transitional Program for Covered Business Method Patents (CBM) Program, implemented in 2012 under the America Invents Act (AIA), is set to expire, a special …
By Eileen McDermott
22 days ago 6

Federal Circuit Affirms District Court Dismissal of Administrative Procedure Act Suit Appealing PTAB Decision

On August 20, the United States Court of Appeals for the Federal Circuit (CAFC) affirmed a district court’s dismissal of an appeal from the United States Patent …
By Rebecca Tapscott
1 month ago 3

The Covered Business Methods Program Must Finally Be Laid to Rest

Rather than allowing it a quiet death, the financial services industry is making a quiet effort to keep the Covered Business Methods (CBM) Program at the Patent …
By James Edwards
2 months ago 1

Autopilot or Advocate? Raising the Bar in Ex Parte Appeals at the USPTO

Despite their best efforts, patent practitioners may reach an impasse during negotiations with patent examiners at the United States Patent and Trademark Office (USPTO). If an applicant …
By Carlo Cotrone
2 months ago 24

Over O’Malley’s Dissent, CAFC Affirms PTAB View that IPR Claim Amendments Are Subject to Eligibility Analysis

On July 22, the United States Court of Appeals for the Federal Circuit (CAFC) affirmed a decision of the United States Patent and Trademark Office (USPTO) Patent Trial …
By Rebecca Tapscott
2 months ago 2

Patent Filings Roundup: Gig Economy Targeted, Takeda Defends ADHD Drug VYVANSE®, Snap’s Me-too Joinder Petitions Discretionarily Denied

It was a relatively light week in the district court compared with recent memory, with 56 new complaints filed; the Patent Trial and Appeal Board (PTAB) is holding …
By Jonathan Stroud
2 months ago 2

Financial Incentive Structure for AIA Trials Destroys Due Process at PTAB, New Vision Gaming Argues

On June 30, New Vision Gaming & Development filed a corrected appellant brief with the U.S. Court of Appeals for the Federal Circuit challenging two covered business method (…
By Steve Brachmann
2 months ago 5

Federal Circuit Vacates PTAB Holding for Failure to Consider Merits of Patentability

On July 8, the United States Court of Appeals for the Federal Circuit (CAFC), in Fitbit, Inc. v. Valencell, Inc., vacated a Final Written Decision of the United …
By Rebecca Tapscott
2 months ago 1

Federal Circuit Extends Arthrex Holding to Ex Parte Proceedings

On July 7, the U. S. Court of Appeals for the Federal Circuit (CAFC), in In re: Boloro Global Limited, granted a motion by Boloro Global Limited (Boloro) …
By Rebecca Tapscott
3 months ago 0

Patent Filings Roundup: A Suit Wrapped in Swaddling Clothes, a Fishy Competitor Fight, and Sisvel’s Continued Monetization Efforts of 3G Blackberry Patents

It was another relatively normal week at the Patent Trial and Appeal Board with 30 patent filings—two post grant reviews (PGRs), 28 inter partes reviews (IPRs)—and another …
By Jonathan Stroud
3 months ago 0

Patent Filings Roundup: Inventors File IPRs On Own Patents; Johnson & Johnson Feels the NHK Spring Bite in Texas Suture Suit

District court patent filings are back down to roughly double the number of Patent Trial and Appeal Board (PTAB) filings, with 65 new complaints to the PTAB’s 28 …
By Jonathan Stroud
3 months ago 0

PTAB Rulemaking: Past, Present, and Future

Recently, the USPTO published a Notice of Proposed Rulemaking (NPRM) to change the “Trial Practice at the Patent Trial and Appeal Board,” which is contained in Part 42 …
By Josh Malone
3 months ago 6

Patent Filings Roundup: WSOU Entity Leads Sustained Spike in District Court Filings, Sandoz Takes a Shot at Novo Nordisk’s Insulin Treatment

District court patent filings remained unusually high this week (97), with 40 Patent Trial and Appeal Board (PTAB) cases filed (one Covered Business Method, one Post Grant Review, and 38 …
By Jonathan Stroud
4 months ago 0