Posts Tagged: post grant procedures


What Increased Success Rates for Amending Claims During Post-Grant Proceedings Means for Patent Litigation

As reported by the Patent Trial and Appeal Board here and by others, the motion to amend pilot program (see 84 Fed. Reg. 9497), which took effect in March 2019, …
By Tyler Bowen
4 days ago 1

CAFC Reverses In-Part, Vacates In-Part PTAB Patentability Finding for Skin Cancer Detection Device

On February 18, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential opinion in an appeal by Canfield Scientific, Inc. (Canfield) from the …
By La'Cee Conley
4 days ago 0

Getting Ready for Arthrex: What the Amici Are Saying

The U.S. Supreme Court has agreed to hear, on March 1, 2021, whether administrative patent judges (APJs) of the Patent Trial and Appeal Board (PTAB) of the U.…

Patent Filings Roundup: Porn Sites Head for PTAB; All-or-Nothing Post Grant Review Institution

Patent Trial and Appeal Board (PTAB) filings have settled into a relatively steady-state of roughly 20-30 petitions, occasionally punctuated by a big burst of litigation-related activity. Notably, …
By Jonathan Stroud
9 days ago 0

Patent Filings Roundup: New Magnetar Entity Sues Oracle on Compression Tech; WSOU Changes Course; New Tim Pryor Campaign

Filings reverted to the mean this week, with 31 Patent Trial and Appeal Board (PTAB) filings (5 post grant reviews and 25 inter partes reviews) and roughly double that (61) for …
By Jonathan Stroud
17 days ago 0

Patent Filings Roundup: PTAB Denies Verizon in Favor of Huawei; ‘Patent Paycheck Program’; Rock of AGIS

District court patent filings exploded this week with 126, while Patent Trial and Appeal Board filings were down substantially, with just 11 inter partes reviews (IPRs) and two post …
By Jonathan Stroud
24 days ago 1

Federal Circuit Says PTAB Failed to Provide Proper Notice to IPR Respondent of Anticipation Theory

The U.S. Court of Appeals for the Federal Circuit (CAFC) on February 1 held in part that the United States Patent and Trademark Office’s (UPSTO) Patent …
By Eileen McDermott
24 days ago 5

Patent Filings Roundup: MedTech Litigation Ticks Up; Medtronic Files IPRs; Lenovo Brings Long-Running Mobile Patent Fight to Board

District Court patent filings were down again this week with just 46—two thirds of usual output—and the continued absence of any new WSOU filings may point …
By Jonathan Stroud
1 month ago 0

Patent Filings Roundup: Fortress Gets Into the 5G SEP Game; Judge Gilstrap Stays Trial for Reexam After Board Denied Under Fintiv; Fintiv Case Transferred

All eyes this week were on the USPTO Director’s chair and the inauguration, and yesterday the USPTO posted a farewell blog and speech, confirming that Andrei …
By Jonathan Stroud
1 month ago 4

Iancu Says Goodbye, Urges Commitment to ‘American Innovation Renaissance’

One day before Joe Biden was to be inaugurated as the 46th U.S. President, U.S. Patent and Trademark Office (USPTO) Director Andrei Iancu confirmed he …
By Eileen McDermott
1 month ago 11

PTAB Will Use Nautilus Approach to Indefiniteness for Post-Grant Proceedings

Last week, the United States Patent and Trademark Office (USPTO) issued binding indefiniteness guidance in a memorandum from Director Andrei Iancu that addresses confusion about which indefiniteness …
By La'Cee Conley
2 months ago 8

Patent Filings Roundup: IP Edge End-of-Year Filing Spree, WSOU Ends Year as Top Single-Entity Filer; AC Competitors Go to War Over a Cool Million

Combining the holiday break, we see a steady 24 and 25 Patent Trial and Appeal Board (PTAB) petitions filed in the last two weeks, respectively, with 84 and 71 District Court …
By Jonathan Stroud
2 months ago 0

Inventors Have Their Say on PTAB at SCOTUS in Arthrex Amicus Briefs

Eleven amicus briefs were docketed during the last two business days of 2020 in United States v. Arthrex, Inc., et al., which is scheduled for oral argument on …
By Eileen McDermott
2 months ago 5

Patent Filings Roundup: ITC/District Court/PGR Fight Over Body Sculptors; Fintiv Denials Benefiting Funded NPEs; Uniloc Not Naming Fortress Despite District Court Standing Dismissal

The week before Christmas brought the biggest post-grant review (PGR) bulk filing to date, with 10 matters all stemming from a pharmaceutical dispute between Allergan and BTL Medical …
By Jonathan Stroud
2 months ago 0

Breaking the 5G Curve by Looking Beyond the U.S. Patent System

A wave of thousands of 5G Self-Declared Standard Essential Patents (SD-SEPs) applicable to everything from devices to network infrastructure is fast approaching. The value of these patents …
By Shawn Ambwani & Sam Jaffna
2 months ago 12