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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


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


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 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Back in November, the Federal Circuit issued a non-precedential decision in the Click-To-Call Techs.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 Explains PTAB Expertise & Its Role In IPR Fact Finding
  • Oblon
  • USA
  • December 14 2016

AIA trial practices of the Patent Trial & Appeal Board (PTAB) are often analogized to that of the district courts. Yet, in practice, there are more


CAFC Faults IPR Record on APA Grounds
  • Oblon
  • USA
  • December 12 2016

Last week, in In re Nuvasive, the Federal Circuit vacated the PTAB’s Final Written Decision from IPR2013-0056 involving Medtronic, Inc and NuVasive


Related Applications & PTAB Trials: Post-Grant Pilot Results
  • Oblon
  • USA
  • November 23 2016

The idea behind the program is that AIA trial proceedings contain prior art and arguments that might be highly relevant to the patentability


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