Posts Tagged: PTAB
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 “…
USPTO Publishes Final Rule Adopting Phillips Standard at PTAB
The United States Patent and Trademark Office (USPTO) has published a final rule in the Federal Register changing the claim construction standard applied during inter partes review (…
The Evolution of Antibody Patents
As the pharmaceutical industry continues to shift toward biologic-based drugs, including monoclonal antibodies, protecting the underlying technology has been and continues to be a priority for companies. …
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) …
CAFC: Hyatt APA Challenges Time-Barred and Based on Incorrect Statutory Interpretation
The Federal Circuit recently issued an opinion in a decades-longbattle over the microcomputer patent applications of Mr. Hyatt, the named inventor on more than 70 issued patents and …
Is the Presumption of Validity Dead in Substitute Claims Issued as a Result of Motions to Amend After PTAB Proceedings?
Since the Federal Circuit’s decision in Aqua Products, Inc. v. Matal confirmed that the burden of persuasion on a the patentability of amended claims in a …
IPR Outcomes of Orange Book Patents and its Effect on Hatch-Waxman Litigation
Out of the 230 Orange Book patents challenged in IPR proceedings, 90.4% (208) of these patents were also challenged in Hatch-Waxman litigation perhaps due to the lucrative 180-day exclusivity incentive …
Capella Photonics Challenges Federal Circuit Practice of Judgments Without Opinions
Capella Photonics, Inc. has filed a petition for certiorari arguing that the Federal Circuit’s practice of issuing judgments without opinion pursuant to Federal Circuit Rule 36 in …
Can the Federal Circuit Refuse an Appeal by a Non-defendant Petitioner in an IPR?
JTEKT Corp. v. GKN Automotive Ltd., No. 2017-1828 (Fed. Cir. 2018) raises the important question of whether the Court of Appeals for the Federal Circuit can refuse to …
An Abdication of Collective Responsibility by the Federal Circuit
The Federal Circuit has often demanded some technical advantage under § 101 when none is required by U.S. patent law. The Federal Circuit has also made § 101 more burdensome, …
Patent Office Updates the Trial Practice Guide
The Patent Office has begun a planned series of updates to the Practice Guide, with the first such update having been released in August 2018. The August 2018 Practice …
What is Director Iancu Proposing the USPTO do for §101 Analysis?
Director of the U.S. Patent and Trademark Office Andrei Iancu made some interesting remarks yesterday at the Intellectual Property Owners Association Annual Meeting in Chicago on …
Are all U.S. Patent Claims Invalid?
Nobel Biocare Srvcs. AG v. Instradent USA, Inc. makes one wonder whether all U.S. patents are invalid, or will eventually become invalid. This case demonstrates that …
Federal Circuit Affirms PTAB Invalidation of Claims Federal Circuit Previously Upheld as Valid
Previously, the ITC instituted an investigation of Instradentdental implants based on a complaint filed by Nobel alleging violations of 19 U.S.C. § 1337 by reason of importation of …
Federal Circuit Affirms PTAB’s Finding of Implicit Disclosure
The Federal Circuit recently issued an opinion affirming the Patent Trial and Appeal Board’s (“PTAB”) finding of obviousness of a hot-spot technology patent based on implicit …
