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Supreme Court Rules AIA Patent Reviews Are Constitutional, But PTAB Cannot Conduct Partial Reviews

USA - April 26 2018 On April 24, 2018, the United States Supreme Court decided two important cases addressing administrative patent trials, launched in 2012 by the…

Clifford A. Ulrich

Federal Circuit Rules Petitioners Bear Burden of Proof to Establish Unpatentability of Claim Amendments in Inter Partes Reviews

USA - November 9 2017 In a long-awaited decision, the Federal Circuit, sitting en banc, has ruled that petitioners in AIA patent trials bear the burden of proving that…

Andrew D. Kasnevich

PTAB Section 101 Ruling Breaks With CAFC Opinion on Business Method

USA - September 15 2017 In a recent decision, a divided PTAB panel has ruled that a patent by Trading Technologies is directed to an ineligible abstract idea. While a…

Is it Settled (Part 2)? PTAB Following Federal Circuit’s Narrowed CBM Definition

USA - July 31 2017 Covered business method reviews are an important component of AIA patent trials, but the extent of patents eligible for CBM review has not been…

Andrew D. Kasnevich

Is it Settled (Part 1)? Divided Federal Circuit Denies En Banc Review of Narrowed Definition of Covered Business Method

USA - June 29 2017 We have previously written about the scope of patents eligible for CBM review, including the PTAB’s inconsistent approaches in determining whether…

Andrew D. Kasnevich