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Chevron Deference for AIA Trial Matters Trumped?
  • Oblon
  • USA
  • January 11 2017

As pointed out in yesterday's Top 5 PTAB Trial Developments of 2016, the Administrative Procedure Act (APA) is the constitution of Article I courts


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


PTAB Redundant Ground Practice Complicating Estoppel
  • Oblon
  • USA
  • January 12 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


Top 5 PTAB Trial Developments of 2016
  • Oblon
  • USA
  • January 10 2017

In re Cuozzo Speed Technologies was certainly a watershed moment for AIA trial practices. The 2016 decision settled years of seemingly endless debate


CAFC Grants En Banc Review of IPR Appeal Bar
  • Oblon
  • USA
  • January 4 2017

Back in November, the Federal Circuit issued a non-precedential decision in the Click-To-Call Techs. V. Oracle Corp., which openly questioned the


PTAB Trials to Increase in Cost for 2017
  • Oblon
  • USA
  • January 3 2017

The USPTO discussed its first ever fee increase under the fee setting authority of the America Invents Act (AIA) in November of 2015. At the time, an


CAFC Sides with PTAB's Rejection of Secondary Indicia Nexus
  • Oblon
  • USA
  • January 8 2016

The efficacy of objective evidence of non-obviousness (i.e., secondary indicia) hinges on the ability to demonstrate a "nexus" between the evidence


Kyle Bass: the inconvenient truth
  • Oblon
  • USA
  • June 12 2015

Both Houses of Congress now have bills moving to their respective floors on further patent reform thanks in large part to Kyle Bass. Of course


Settlement agreements & patent reexamination
  • Oblon
  • USA
  • January 5 2012

With the vast majority of patent reexaminations now being conducted concurrent to a district court or ITC proceeding, a common question of Patentees is “what becomes of the patent reexamination once the litigation settles?”


USPTO Issues 101 Guidance Update after Bascom
  • Oblon
  • USA
  • November 2 2016

Today, the USPTO issued a memorandum entitled "Recent Subject Matter Eligibility Decisions." (here). The memo provides a discussion of two recent CAFC