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Scott A. McKeown

Ropes & Gray LLP

Legal Influencer

Q3 | 2018

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How to Fix the PTAB’s Amendment Problem

USA - November 5 2018 A few weeks back, the USPTO published a Request for Comments (RFC) (here) on a proposed procedure for motions to amend in AIA Trial Proceedings....


PTAB Proposes Changes to Amendment Practice

USA - October 26 2018 The USPTO has published a Request for Comments (RFC) (here) on a proposed procedure for motions to amend in AIA Trial Proceedings. The proposal...


PTAB Estoppel May Not Stick at ITC

USA - October 22 2018 Plaintiffs are painfully aware of the Patent Trial & Appeal Board (PTAB) and its potential to derail a patent litigation. Indeed, post-SAS patent...


101 PTAB Challenges Might Come Back to Haunt Your Parallel Litigation

USA - October 18 2018 Covered Business Method (CBM) challenges have fallen out of favor with petitioners. This is due to a number of factors, not the least of which is...


Invalidity Contentions as IPR Estoppel Markers

USA - October 14 2018 Invalidity Contentions Serve as Estoppel Benchmark A Patent Owner may only avail itself of an IPR estoppel defense in court upon demonstrating that a...