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Results: 1-10 of 555

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


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


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


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


FTC Study Recommends Changes to Patent Litigation
  • Oblon
  • USA
  • October 7 2016

Yesterday, the Federal Trade Commission released an extensive study on Patent Assertion Entities (PAEs) (here). Interestingly, the report classified


PTAB to Adjust Attorney Client Privilege Rule
  • Oblon
  • USA
  • October 17 2016

Tomorrow's Federal Register will include a NPRM to amend the Rules of Practice before the Patent Trial and Appeal Board (PTAB). The proposed rule


PTAB designates informative decisions on privity & estoppel
  • Oblon
  • USA
  • July 21 2015

The Patent Trial and Appeal Board (PTAB) has designated the recent decision granting a request for additional discovery in Arris Group, Inc. v


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


The statutory defect that may doom your CBM petition
  • Oblon
  • USA
  • September 23 2013

In fashioning the Covered Business Method (CBM) statutes of the America Invents Act (AIA), Congress was sensitive to the resources of the USPTO. That