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Results: 1-10 of 573

Constitutional Challenges to PTAB Another Dead End
  • Oblon
  • USA
  • May 18 2017

Over the years the constitutionality of USPTO post-grant procedures have been repeatedly challenged. Typically, it is argued that the 7th Amendment's


Eliminating Partial PTAB Institutions Will Undermine Trial Practice
  • Oblon
  • USA
  • May 22 2017

Today, the Supreme Court granted certiorari in SAS Institute Inc., v. ComplemenSoft LLC. As previously explained,argues that partial PTAB trial


PTAB Trial Estoppel Demystified in EDTX?
  • Oblon
  • USA
  • May 23 2017

IPR estoppel is established under 35 U.S.C. 315(e)(2), which provides that “the petitioner in an inter partes review of a claim in a patent


What to Do With 112 Issues in IPR?
  • Oblon
  • USA
  • January 6 2017

Often times when preparing an Inter Partes Review (IPR) petition, a claim is encountered that may be of an indeterminate scope under 35 U.S.C. 112. As


CAFC Defines Outer Boundaries of CBM Eligibility
  • Oblon
  • USA
  • November 22 2016

In its decision, the CAFC focused the definitional scope applied by the PTAB for assessing CBM patent eligibility. In the appealed PTAB decision, the


CAFC emphasizes limitation on patent reissue claim scope
  • Oblon
  • USA
  • November 26 2014

As provided by 35 U.S.C. 251, Patent Reissue is a mechanism by which a patent owner may correct an error in an issued patent. A proper reissue


Post grant proofing your patent portfolio
  • Oblon
  • USA
  • January 14 2014

As Bob Dylan once warned, you better start swimmin’ or you’ll sink like a stone.the times they are a changin.‘ While Bob clearly had some broader


PTAB moves toward consistency on question of issue joinder
  • Oblon
  • USA
  • October 8 2015

In Target Corp. v. Destination Maternity Corp (IPR2014-00508), the Board departed from previous PTAB practice on issue joinder for the first time


Ethical Guidelines for PTAB Judges
  • Oblon
  • USA
  • May 2 2017

Critics of the Patent Trial & Appeal Board (PTAB) are not hard to find attorneys especially hate change. Since the start of AIA trial proceedings


Mandamus Questions PTAB Joinder Practices
  • Oblon
  • USA
  • March 9 2016

There has been a fair amount of controversy regarding issue joinder practices at the PTAB. But, to date, the language of 315(b) that seemingly