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Results: 1-10 of 362

Petitioner over-reaching at the PTAB results in adverse summary judgment

  • Oblon Spivak LLP
  • -
  • USA
  • -
  • July 30 2014

In district court, 102 grounds are highly preferred to even the strongest 103 ground. This is because of the uphill battle in demonstrating invalidity

PTAB institution rate dips into 60 range

  • Oblon Spivak LLP
  • -
  • USA
  • -
  • July 22 2014

Last week, I explained that the institution rate of PTAB trials in Inter Partes Review (IPR) and Covered Business Method (CBM) proceedings had

PTAB dials back petitioner success rate

  • Oblon Spivak LLP
  • -
  • USA
  • -
  • July 17 2014

To date, a major patentee criticism of Inter Partes Review (IPR) & Covered Business Method (CBM) patent challenges has been their high rate of

PTAB finds BRI claim construction no different under Phillips

  • Oblon Spivak LLP
  • -
  • USA
  • -
  • July 15 2014

The Patent Trial & Appeal Board (PTAB) is currently seeking feedback from the public on the first two years of administrative patent trials of the

CAFC reverses EDTX on second guessing of PTAB

  • Oblon Spivak LLP
  • -
  • USA
  • -
  • July 11 2014

Back in March I recounted the curious case of VirtualAgility Inc., v. Salesforce.com Inc., et al. (EDTX). In this dispute, Salesforce.com sought a

Patent reissue applications moved away from examining Corps to CRU

  • Oblon Spivak LLP
  • -
  • USA
  • -
  • July 9 2014

Central Reexamination Unit (CRU) Takes on Patent Reissue Workload Yesterday, the USPTO issued an internal memo to the Examining Corps informing them

First 24 months of IPR brings more filings than entire history of inter partes patent reexamination

  • Oblon Spivak LLP
  • -
  • USA
  • -
  • July 8 2014

In the entire 13 year history of inter partes patent reexamination, 1919 such reexamination requests were filed. Granted, only patents that stemmed

PTAB requests feedback to optimize AIA post-grant patent challenges

  • Oblon Spivak LLP
  • -
  • USA
  • -
  • June 26 2014

As promised, even a bit early, the USPTO will issue a Request for Information in tomorrow’s Federal Register. The Notice, entitled, Request for

USPTO issues preliminary 101 guidelines after CLS Bank

  • Oblon Spivak LLP
  • -
  • USA
  • -
  • June 25 2014

Although a few minutes late for today’s PatentsPostGrant.com webinar on the topic, the USPTO has now issued Preliminary Examination Instructions on

Will CLS Bank impact CBM filings?

  • Oblon Spivak LLP
  • -
  • USA
  • -
  • June 25 2014

This time last year, I considered whether a negative outcome in CLS Bank v. Alice Corp might serve as a catalyst for 101 challenges at the USPTO’s