Over the past few years, the United States Patent and Trademark Office Patent Trial and Appeal Board (PTAB) has implemented the use of expanded panels in a number of cases, causing many to question the method of selection and objective of these panels. Critics have accused the USPTO of “panel... read more
Derivations came on the patent scene via the Leahy-Smith America Invents Act (AIA) that was passed by Congress and signed into Law by President Obama on September 16, 2011.1 The derivations portion of the AIA applies to patents and applications with an effective filing date on or after 03/16/2013.... read more
On July 9, 2016, the U.S. Patent Office will cease using the Patent Review Processing System (PRPS) for electronic filings in post-grant reviews, inter partes reviews, and covered business method patents reviews. A new system called the Patent Trial and Appeal Board End to End system (“PTAB E2E”)... read more
Today the USPTO announced that the Patent Trial and Appeal Board (PTAB) designated five more post-grant proceeding decisions as precedential. This brings the total number to eight. The five new decisions are as follows (with descriptions provided by the USPTO):- Garmin Int’l v. Cuozzo Speed... read more
On March 31, the USPTO announced in its “Director’s Forum” blog that it is publishing the Final Rule containing the amendments to the Rules of Practice for trials before the Patent Trial and Appeal Board (the Board). The pre-publication version of the Final Rule is available on the USPTO website.... read more
Now that inter partes review (IPR) has been around for a few years, more and more IPR decisions are making their way to the Court of Appeals for the Federal Circuit (the “Fed Cir”). It’s interesting to see how the Fed Cir is defining the procedural bounds for the USPTO Patent Trial and Appeal Board... read more
On January 15, 2016, the Supreme Court granted the petition for cert for Cuozzo Speed Technologies, LLC v. Lee. This case is based on an inter partes review (IPR) instituted by the USPTO Patent Trial and Appeal Board (“the Board”). The Board applied the “broadest reasonable interpretation” in... read more
In a recent decision denying a petitioner’s request for rehearing on a decision not to institute an inter partes review proceeding, the USPTO Patent Trial and Appeal Board (“the Board”) re-emphasized that “procedural defects” can kill a petition. Specifically, the petitioner’s “failure to comply... read more
Recently, the Patent Trial and Appeal Board (PTAB) added the following order and decisions to its list of Representative Orders, Decisions, and Notices regarding patent post grant proceedings:- A representative order regarding motions to amend patent claims in an Inter Partes Review. The order... read more