Posts Tagged: post grant procedures


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 days 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 days 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
24 days 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
25 days 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
1 month ago 0

CAFC Affirms PTAB Obviousness Finding, Holds ‘Real Parties in Interest’ Question Final and Non-Appealable

Last week, the United States Court of Appeals for the Federal Circuit (CAFC) affirmed a decision on appeal from the United States Patent and Trademark Office (USPTO) …
By IPWatchdog
1 month ago 0

Patent Filings Roundup: Video Gambling Games Going to the Dogs, The Queen’s Cherries, and a Tale of Bankruptcy and Patent Infringement in Cinema Stadium Seating

With 27 new Patent Trial and Appeal Board (PTAB) filings—25 inter partes reviews (IPRs), one post grant review (PGR) and one covered business method review (CBM), the first …
By Jonathan Stroud
1 month ago 0

Federal Circuit Issues Several Rulings Defining Contours of Arthrex Decision

Recently, the U.S. Court of Appeals for the Federal Circuit has issued several rulings defining some of the contours of the impact of its decision last …
By Steve Brachmann
2 months ago 3

PTAB Judges Should Call Balls and Strikes, Not Throw Curve Balls

The America Invents Act (AIA) outlines an adversarial, inter partes, process for reviewing patents and determining their validity. Patent owners deserve a fair process, presided over by …
By Timothy Maloney & David Gosse
2 months ago 3

Patent Filings Roundup: Blackberry Accused of Abuse, PayPal Isn’t Playing, WSOU Earns Its Frequent Filer Card

This week, Patent Trial and Appeal Board (PTAB) filings are back up, with four post grant reviews (PGRs) and 37 inter partes reviews (IPRs), while there were 83 district …
By Jonathan Stroud
2 months ago 0

Patent Filings Roundup: Patent Suits Hold Steady in the Downturn

The traditional wisdom—that patent suits rise and fall with the economy—seems backward. With some data forthcoming on that point, both during the last downturn and …
By Jonathan Stroud
3 months ago 0

Golden v. United States Shows That the Federal Circuit Overstepped Its Bounds in Celgene

Last week, in Golden v. United States, the Federal Circuit again rejected the argument that the cancellation of a patent in an America Invents Act (AIA) post-grant …

A House Divided: Is the PTAB Ignoring the USPTO’s Section 101 Guidance?

The year 2019 was supposed to be when subject matter eligibility examination at the USPTO got better. First, the USPTO published Revised Patent Subject Matter Eligibility Guidance in …
By Nick Transier
3 months ago 11

What Happens at The Board Does Not Stay at The Board: How Patent Owners Can Leverage IPR Proceedings in Litigation

Inter Partes Review (IPR) proceedings before the Patent Trial and Appeal Board (PTAB) often occur in parallel to district court cases. Patent owners whose patent rights survive …

PTAB Designates Two Opinions Precedential on Discretion to Grant or Deny IPRs

Yesterday, the USPTO Patent Trial and Appeal Board designated two opinions as precedential. In one case, Advanced Bionics, LLC v. MED-EL Elektromedizinische Geräte GmbH, the Board …
By Rebecca Tapscott
4 months ago 0