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Denied Petition Grounds May Be Relevant to PTAB Trial
  • Oblon
  • USA
  • April 17 2017

CAFC Emphasizes that Art of Denied Petition Grounds Can Come Back to Haunt Patentees It is not uncommon for an AIA Trial Proceeding, such as Inter


ITC Shows Interest in PTAB Record
  • Oblon
  • USA
  • April 11 2017

Patent challenge proceedings of the USPTO's Patent Trial & Appeal Board (PTAB) are designed to provide a low cost, expedited option to district court


USPTO Soliciting Ideas on PTAB Procedural Reform
  • Oblon
  • USA
  • April 7 2017

Today the USPTO announced its PTAB Procedural Reform Inititative. The initiative seeks feedback on the nearly five years of historical data and user


En Banc Denial in Unwired Planet Previews WiFi One Debate
  • Oblon
  • USA
  • April 6 2017

Earlier this week, the CAFC denied en banc rehearing in Google v. Unwired Planet. While the denial was largely expected, Judge Hughes' Concurrence


Final Thoughts on Patent Laches
  • Oblon
  • USA
  • March 31 2017

On March 21, 2017, the U.S. Supreme Court (“SCOTUS”), in SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC, No. 15-927 (2017


PTAB Preliminary Response Evidence Remains Unpopular
  • Oblon
  • USA
  • March 23 2017

Back on May 1st, the Patent Trial & Appeal Board (PTAB) began to accept new testimonial evidence with patentee preliminary responses. The PTAB


Rehearing Pendency in AIA Trial Proceedings
  • Oblon
  • USA
  • March 20 2017

A Petition for Rehearing pursued after an ID is often deemed to have the longest odds of success given the 314(d) bar to appealing such decisions (now


PTAB Joinder: Being Your Brother's Keeper
  • Oblon
  • USA
  • March 6 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


Is In re Packard the Correct Standard for AIA Trials?
  • Oblon
  • USA
  • February 22 2017

Back in 2014, the Federal Circuit determined the standard for a USPTO indefiniteness analysis in In re Packard (here). This standard was more


Article III Standing Found for PTAB Appeal Where Threat of Suit
  • Oblon
  • USA
  • February 10 2017

Last month, the Federal Circuit made clear that Article III standing is necessary for petitioners to appeal from adverse decisions in AIA trial