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Common patentee missteps in inter partes review

Oblon Spivak McClelland Maier & Neustadt LLP
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USA
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May 14 2013

The new post grant patentability challenges of the America Invents Act (AIA) have been warmly embraced by the public as a cost effective patent

Post Markman IPR filing displeases court

Oblon Spivak McClelland Maier & Neustadt LLP
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USA
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May 10 2013

The primary business distinctions between the USPTO Patent Trial & Appeal Board (PTAB) proceedings and traditional court based patent invalidity

E-commerce & software patent trolls targeted by Congress

Oblon Spivak McClelland Maier & Neustadt LLP
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USA
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May 8 2013

As I pointed out last week, Congress is considering fixes to the U.S patent system are designed to combat the patent troll problem. Yesterday, S.866

Patentee seeks injunction against USPTO to stop IPR proceeding

Oblon Spivak McClelland Maier & Neustadt LLP
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USA
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May 7 2013

Every time Congress has tasked the USPTO with conducting a new post grant patent proceeding the agency finds itself fending off legal challenges to

Congress poised to force all patent trolls to PTAB

Oblon Spivak McClelland Maier & Neustadt LLP
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USA
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May 2 2013

Although many of the more significant changes to U.S. patent law provided by the America Invents Act (AIA) are only months old, Congress is already

Limited PTAB discovery frustrates district court litigators

Oblon Spivak McClelland Maier & Neustadt LLP
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USA
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May 1 2013

Parties to an Inter Parties Review (IPR) proceeding may obtain “limited discovery” at the USPTO’s Patent Trial & Appeal Board (PTAB). Such discovery

Stays pending USPTO review to increase as a result of speedier AIA options

Oblon Spivak McClelland Maier & Neustadt LLP
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USA
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April 29 2013

The primary business distinctions between the USPTO Patent Trial & Appeal Board (PTAB) proceedings and traditional court based patent invalidity

Is it malpractice to file a declaratory judgment of invalidity after the AIA?

Oblon Spivak McClelland Maier & Neustadt LLP
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USA
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April 26 2013

The face of patent litigation in the U.S. was forever changed on September 16, 2012. This was the date the post grant patentability trials of the

Where are all the business method patent challenges?

Oblon Spivak McClelland Maier & Neustadt LLP
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USA
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April 24 2013

The new post grant patentability trials of the America Invents Act (AIA) are designed to serve as alternatives to costly patent litigation. One of the

PTAB closely scrutinizes petition grounds

Oblon Spivak McClelland Maier & Neustadt LLP
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USA
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April 18 2013

Having now completed the multi-city tour for the Practicing Law Institute’s USPTO Post Grant Patent Trials 2013 (on demand program here), I am still

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