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PTAB Adopts District Court Indefiniteness Standard

USA - January 12 2021 Under AIA 35 U.S.C. § 112(b), a patent specification “shall conclude with one or more claims particularly pointing out and distinctly claiming the…

POP Designates Two PTAB Decisions as Precedential, one Informative, Addressing Prior Art and Arguments Previously Considered During Prosecution

USA - March 26 2020 Yesterday, the Precedential Opinion Panel (POP) designated two PTAB decisions as precedential and one as informative. The decisions relate to the…

A New Day at the PTAB? Using the New Pilot Program for Motions to Amend and the Clarification on Reissue and Reexam

USA - February 11 2020 MTAs are trending upward: In view of the burden shift created by the Federal Circuit’s Aqua Products decision, the MTA grant rate is now hovering a…

Counsel are Permitted to Confer with Witness Before Redirect: Focal Therapeutics, Inc. v. Senorx, Inc., IPR2014-00116, Paper 19 (PTAB July 21, 2014) (precedential)

USA - July 18 2019 On July 10, 2019, the PTAB’s Precedential Opinion Panel designated Focal Therapeutics, Inc. v. Senorx, Inc., IPR2014-00116, Paper 19 (PTAB July 21…

PTAB Issues 2nd Update to Trial Practice Guide—Access the Complete Trial Practice Guide, including all revisions to date, here!

USA - July 16 2019 Yesterday (July 15th), the PTAB published a second update to its Trial Practice Guide (https://www.uspto…

John C. Alemanni.