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Patents Post-Grant Blog

Articles: 1-10 of 268

Deposition Exhibits in Your PTAB Sur-Reply?

USA - September 24 2021 As a reminder, a Patent Owner Sur-Reply may only be accompanied by the last deposition transcript - no other exhibits.

Senate Bill Proposes to Reset PTAB Practices

USA - September 22 2021 As I predicted just this past Monday, Chair of the IP Sub-committee, today Senator Patrick Leahy proposed some noteworthy changes to PTAB practice.

The AIA at 10 — Congress considers a tune up?

USA - September 20 2021 With last week’s 10-year anniversary of the Leahy-Smith America Invents Act (AIA), and Senator Leahy still a powerful voice on the Senate Judiciary…

PTAB faulted on rigid printed publication analysis

USA - September 6 2021 Over the years, the Federal Circuit has faulted the PTAB for overly rigid printed publication analysis. A recent Federal Circuit decision has…

Circuits split on PTAB fees being recoverable under 285

USA - September 1 2021 Under 35 U.S.C. § 285, a prevailing party in a patent infringement dispute may be awarded reasonable attorney fees in “exceptional cases.” I’ve…

Bio/Pharma patents fare best at PTAB

USA - August 17 2021 A few years back, the Patent Trial & Appeal Board (PTAB) released a study showing the outcome of proceedings directed to so-called “Orange Book”…

PTAB changes settlement requirements?

USA - August 5 2021 Back in 2015, I pointed out that an opinion of the Federal Circuit called into question the PTAB’s practice of requiring settlement documents to…

Director rehearing decisions: No path for delay

USA - August 3 2021 A few weeks back, I explained that the new Arthrex rehearing option— to the Director of the USPTO —was a non-event for practitioners. Reason being…

PTAB faulted on objective indicia analysis

USA - August 2 2021 Objective indicia of non-obviousness, such as commercial success and industry praise, can be probative evidence of non-obviousness. In order for the…

PTAB decisions & issue preclusion

USA - July 28 2021 The doctrine of issue preclusion can prevent an issue previously litigated at the PTAB from being re-litigated in a later proceeding, such as in the…