Posts Tagged: post grant proceedings
Limiting Section 325(d) Delegation Will Ensure a More Predictable Inter Partes Review Process
Congress created Inter Partes Review (IPR) to weed out clearly invalid patents that would not have been issued had the United States Patent and Trademark Office (USPTO) …
PTAB Grants Additional Briefing to Consider the Impact of USPTO’s Revised 101 Guidance
The PTAB not only assented to Mirror Imaging’s suggestion that a five-page brief be entered in advance of the hearing but added that parties may submit …
Is the Government a ‘Person’? NYIPLA tells SCOTUS it depends
After reviewing the way the term "person" is used throughout the statute it is clear that in some provisions of the Patent Act, the term necessarily should …
By
Charles R. Macedo
& David Goldberg
& Jung Hahm
& Peter Thurlow
& Robert Isackson
& Robert J. Rando
7 months ago 1
7 months ago 1
Constitutional Separation of Powers & Patents of Invention: Oil States Energy Services, LLC v. Greene’s Energy Group, LLC
Despite potentially relevant Supreme Court precedent in Thomas and Granfinanciera, the better view under the weight of Supreme Court precedent with respect to patent validity, absent the …
Iancu: Major PTAB Initiatives Rolled Out, Time to Assess Changes and Stakeholder Reaction
Director Iancu did not make much, if any, news speaking at PPAC today. He did, however, indicate that at least for now his major initiatives to reform …
Supreme Court to Determine if Federal Government Is a ‘Person’ Eligible to Petition the PTAB
The case will ask the highest court in the nation to determine whether the federal government is a person who may petition the Patent Trial and Appeal …
The USPTO Must End Repeated and Concerted Patent Attacks
Why is it that innovators such as Universities and independent inventors are caricatured as patent trolls while entities such as Unified Patents and RPX, who exist for …
Supreme Court asked to apply Multiple Proceeding rule to end harassing validity challenges
The Multiple Proceedings rule has become the essence of uncertainty. What exactly does it mean? §325(d) gives the PTO Director the authority to refuse a petition when “…
Comcast Invalidates Rovi Patents at PTAB that Previously Secured Limited Exclusion Order at ITC
Perhaps Rovi will take the opportunity to test the waters with the newly created Precedential Opinion Panel (POP), which is intended to bring uniformity between examination procedures …
Service Starts § 315(b) Time-Bar Even If Complaint Involuntarily Dismissed Without Prejudice
In Bennett Regulator Guards, Inc. v. Atlanta Gas Light Co. the Federal Circuit ruled the time-bar for filing a petition for inter partes review in Section 315(b) …
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 (…
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 …
The Updated PTAB Trial Practice Guide – Not Quite There Yet
While the changes to the Trial Practice Guide begin to move the rules in the right direction, more is needed before post-grant proceedings will be accepted as …
Parlor Tricks and Shell Games: How the Invisible Hand of the PTAB Supports Challengers
After dissenting APJ James Arpin was mysteriously and without explanation removed from the case, replaced by APJ Thomas Giannetti. Perhaps there is an innocent explanation for what …
Why should we encourage generics to challenge pharma patents?
What was the federal government thinking when Hatch-Waxman originally passed. Why would Congress incentivize generic manufacturers to challenge the patents of pharmaceutical companies? It is the same …
