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CAFC Explains PTAB Burden Shift for Claimed Ranges

USA - September 17 2018 Since the Federal Circuit's decision in Magnum Oil, the Patent Trial & Appeal Board (PTAB) has been mindful that the ultimate burden of persuasion...


PTAB Expands Equitable Considerations to Deny AIA Trial Petitions

USA - September 13 2018 As I have mentioned on a few CLE panels as of late, the recent changes to the Patent Trial & Appeal Board's (PTAB) Trial Practice Guide invite...


Burden Clarification To Expand PTAB Discovery for RPIPrivity Disputes?

USA - September 11 2018 On the heels of Applications in Internet Time, LLC v. RPX Corporation, the Federal Circuit once again finds itself considering a PTAB RPIPrivity...


Failure to Pursue SAS Grounds Leads to Statutory Estoppel

USA - September 6 2018 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...


Amendments at the PTAB Hamstrung by Litigation Realities

USA - August 20 2018 A constant criticism of the Patent Trial & Appeal Board (PTAB) has been the perceived difficulty in amending claims in an AIA trial proceeding. In...