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Patents Post-Grant Blog

Articles: 1-10 of 70

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 RPI/Privity 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 RPI/Privity…

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…

CAFC Reverses Long Standing PTAB Precedent on 1-Year Window

USA - August 16 2018 As I predicted it would back in May, the Federal Circuit has now reversed the long-standing practice of the Patent Trial & Appeal Board (PTAB) to…

Patent Owners to Get Last Word at PTAB - Starting Now

USA - August 10 2018 The Federal Register will issue a notice updating the Patent Trial & Appeal Board (PTAB) Trial Practice Guide on Monday, August 13, 2018. You can…

PTAB De-Designates Ex Parte Jung as Informative Decision

USA - August 7 2018 Last month the Patent Trial & Appeal Board (PTAB) designated Ex Parte Jung 2016-008290, "informative." An informative decision is one that expresses…

Publication Need not be Indexed/Searchable to be Prior Art

USA - July 31 2018 Last week, I pointed out that the Federal Circuit faulted the Patent Trial & Appeal Board (PTAB) for its narrow public accessibility analysis in…

Printed Publications & The PTAB

USA - July 26 2018 Yesterday I highlighted a significant decision for Patent Trial & Appeal Board (PTAB) practitioners pertaining to Real-Party-In-Interest (RPI) and…