Posts Tagged: PTAB
Berkheimer, the Administrative Procedure Act, and PTO Motions to Vacate PTAB § 101 Decisions
After several years in which the U.S. Patent and Trademark Office (PTO) did not seem to have an official position on the issue, and many Patent …
Bittersweet Milestone: Ten Million Patents Issued in the US, but What Are They Worth?
Last month, the U.S. Patent Office issued patent number 10,000,000. This historic occasion calls for rethinking our patent system and the future of American innovation... It is …
Still No Answer From PTAB on Apple Sanctions Request Against VoIP-Pal After Six Months
And yet, despite this apparent vindication of VoIP-Pal’s patents against the strongest of odds in an executive branch tribunal where APJ panels are stacked in the …
Apple Brings Patent Battle Against Qualcomm to PTAB With Six IPR Petitions on Four Patents
If Qualcomm's allegations are true, Apple will apparently stop at nothing to avoid paying licensing fees for Qualcomm’s patented technologies. Qualcomm’s tortious interference suit against …
Burden to Prove Patentability of Proposed Amended Claims Improperly Shifted to Patent Owner in IPR
The Federal Circuit found that substantial evidence supports the Board’s conclusion that a person of ordinary skill in the art would have been motivated to combine …
The Supreme Court, the Federal Circuit, and the Patent Office Walk Out of an Appellate Review Bar: Changing Standards For Appellate Review of IPR Institution Decisions
This article reviews recent Federal Circuit and Supreme Court decisions addressing the scope of appellate review of institution of inter partes review (IPR) by the Patent Trial …
The Real IPR Gauntlet: What USPTO Statistics Don’t Show
87.2% of patents in the study, per the table, were subjected to just 1 or 2 IPR petitions – so gang tackling is no big deal. But make this simple observation: …
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 …
CAFC Vacates Board for Moving Target Rejections, Failure to Consider Reply Brief
The moving target rejections were largely due to the fact that the examiner's first clear explanation that she was relying on structural identity, and not inherency, appeared …
Federal Circuit: PTAB Improperly Relied on Unsupported Expert Opinion
Ericsson petitioned for inter partes review of the ’408 patent, and the PTAB upheld its validity. Without separately analyzing the challenged dependent claims, the PTAB held that claim 1 …
Patent Office asks Federal Circuit to Allow Board to Reconsider Eligibility Rejections
Yesterday I wrote about the United States Patent and Trademark Office filing a Director’s Unopposed Motion to Vacate and Remand in In re Intelligent Medical Objects, …
Structural Bias at the PTAB: No Dissent Desired
This FOIA response confirms that dissents and concurring opinions are not desired by PTAB supervisors. In fact, Administrative Patent Judges (APJs) of the Patent Trial and Appeal …
Federal Circuit Vacates, Remands After PTAB Fails to Consider Arguments in Reply Brief
On Friday, June 1st, the Court of Appeals for the Federal Circuit issued a decision in In re: Durance striking down a decision by the Patent Trial …
No blanket prohibition against the introduction of new evidence during an inter partes review
There is no blanket prohibition against the introduction of new evidence during an inter partes review proceeding, indeed new evidence should be expected. A petitioner can introduce …
Federal Circuit expands printed matter doctrine to include information and mental steps
In Praxair Distribution v. Mallinckrodt Hospital Products, Praxair petitioned for inter partes review of claims 1-19 of the ’112 patent, which the Board instituted. The Board held that …
