Follow

Patents Post-Grant Blog

Articles: 11-20 of 273

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…

PTAB clarifies Director rehearing details

USA - July 21 2021 The USPTO requested feedback on the interim Director review process and, in response to that feedback, has updated the Arthrex Q&As. In response to…

Patent owner uses FWD cancelling claims as a sword & shield

USA - July 19 2021 In designing the America Invents Act (AIA), statutory estoppel of 35 U.S.C. § 315(e)(2) was set to by legislators to attach at the time of the PTAB’s…

PTAB director rehearing adds little

USA - June 29 2021 Today the PTAB issued Interim Guidance on adaptations to its rehearing practices. The interim procedures allow for a rehearing to be filed to the…

Congress Questions USPTO Director Input to PTAB Trial Outcomes

USA - June 3 2021 As we await the SCOTUS outcome in Arthrex, the Government Accountability Office (GAO) has been tasked with investigating the degree to which the…

WDTX “Implausible Schedule” & Cursory Markman Order Highlighted

USA - June 2 2021 The Federal District for the Western District of Texas (WDTX) is a hotbed of patent litigation. Since 2016, the case load has increased some 700%…