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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


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


PTAB sanctions patentee for provocative filings
  • Oblon
  • USA
  • December 9 2014

37 C.F.R. 42.12 provides that the Patent Trial & Appeal Board (PTAB) the power to sanction parties. The Board has been reluctant to officially


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


Patent reissue as an alternative to PTAB amendment practice
  • Oblon
  • USA
  • April 8 2014

As discussed previously, patent owners continue to struggle with the motion-based amendment requirements of the USPTO’s Patent Trial & Appeal Board


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


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


Bridge to be Formed Between AIA Trials & Related Prosecution
  • Oblon
  • USA
  • February 5 2016

At yesterday's Patent Public Advisory Committee (PPAC) meeting, USPTO Assistant Deputy Commissioner for Patent Operations Jack Harvey explained a new


CAFC Shuts Down Another Attempted Side-Step to 314(d) Bar
  • Oblon
  • USA
  • February 11 2016

The Supreme Court will soon consider the propriety of the "appeal bar" of 35 U.S.C. 314(d) in Cuozzo. This appeal bar of the America Invents Act


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