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Cuozzo Argument : BRI Lives
  • Oblon
  • USA
  • April 27 2016

My view is that the a majority of the Court was not buying Cuozzo's key BRI arguments. Namely, his iterative amendment argument, and his adjudicative


Cuozzo Debate Heads to Oral Argument Today
  • Oblon
  • USA
  • April 25 2016

At 1PM today, the Supreme Court of the United States will hear arguments in Cuozzo Speed v. Lee. As previously discussed, in its petition for


Amicus Supporting BRI at PTAB Filed in Cuozzo
  • Oblon
  • USA
  • April 7 2016

Over the past week, amicus briefs supporting the respondent (U.S. Gov't) have been filed with the Supreme Court in Cuozzo Speed v. Lee. These


Patentees Beware: New PTAB Evidentiary Option Might Not Help
  • Oblon
  • USA
  • April 5 2016

Patentees have lamented the inability to submit new, testimonial evidence via preliminary response since the inception of the Patent Trial & Appeal


PTAB Issues FInal Rule Package
  • Oblon
  • USA
  • April 1 2016

The USPTO has issued new final rules today to make targeted modifications for AIA trial practice before the Patent Trial and Appeal Board (PTAB


Gov't Weighs in on Cuozzo
  • Oblon
  • USA
  • March 25 2016

Justice Dept. Brief Highlights Flaws of Cuozzo BRI Dispute This past Wednesday the U.S. Department of Justice filed its Respondent Brief in Cuozzo


CAFC Denies VirnetX Mandamus on PTAB Joinder Practice
  • Oblon
  • USA
  • March 18 2016

The stay of the VirnetX IPR only lasted a little over a week. As a reminder, the VirnetX writ of mandamus was filed with the Federal Circuit on March


Long-Standing Use of BRI in Interference a Hurdle for Cuozzo
  • Oblon
  • USA
  • March 10 2016

The petitioner briefing to date in Cuozzo Speed Technologies, LLC v. Lee (No. 15-446; S.Ct) emphasizes the "examinational" application of the USPTO's


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


Cuozzo Briefing Arrives
  • Oblon
  • USA
  • March 2 2016

Over the past week or so, the Petitioner's opening brief and supporting amicus filings have been submitted to the Supreme Court in Cuozzo Speed v. Lee