We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.
Follow

Patents Post-Grant Blog

Articles: 1-10 of 81

Equitable Defenses at the PTAB

USA - November 15 2018 The doctrine of assignor estoppel bars the assignor of a patent from challenging the validity of the patent after it is assigned. In considering this…

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…

PTAB to Apply Phillips Starting November 13th

USA - October 10 2018 As predicted last week, the final rule package to switch the to the Phillips claim construction for AIA trial proceedings at the Patent Trial &…

PTAB Rule Package Dropping BRI Clears Final Hurdle

USA - October 4 2018 Back in May, the USPTO issued a Notice of Proposed Rulemaking to switch from the Broadest Reasonable Interpretation (BRI) standard to a Phillips…

What a Phillips Construction Could Mean for PTAB Appeals

USA - September 26 2018 Some months back the Patent Trial & Appeal Board (PTAB) proposed dropping the broadest reasonable interpretation (BRI) in favor of the so-called…

PTO Director to Drive PTAB Precedent Going Forward

USA - September 20 2018 The PTAB has substantially revised its Standard Operating Procedures ("SOPs") regarding paneling of matters before the PTAB (SOP1) and precedential…