Articles: 1-10 of 136

Federal Circuit PTAB Appeal Statistics Through May 31, 2022

USA - June 28 2022 In May 2022, the Federal Circuit affirmed the PTAB on every issue in 7 (63.64%) cases, reversed or vacated the PTAB on every issue in 2 (18.18%)…

Goodbye ARC and Hello CJP: USPTO Creates Interim Process for PTAB Decision Circulation and Review

USA - June 27 2022 On May 26, 2022, the USPTO issued guidance on an interim process for PTAB decision circulation and internal PTAB review. The guidance replaces the…

Fintiv Refined: USPTO Provides Interim Procedure for Discretionary Denials

USA - June 22 2022 On June 22, 2022, the USPTO issued guidance on an Interim Procedure for Discretionary Denials (“Guidance”). In the Guidance, Director Vidal notes…

PTAB Reform Act: Senators Introduce PTAB Bill That Would Alter Institution Discretion, Address Arthrex Issues, and Expand Appeal Standing

USA - June 17 2022 On June 16, Senators Tillis, Leahy, and Cornyn introduced the “Patent Trial and Appeal Board Reform Act of 2022.” If passed, the bill would modify…

Federal Circuit PTAB Appeal Statistics Through April 30, 2022

USA - May 31 2022 Through April 30, 2022, the Federal Circuit decided 1,035 appeals from the PTAB in IPRs, CBMs, and PGRs. While the vast majority of these appeals…

Not Crossing the Wire: Petitioner Merely “Expanded” on Previously Filed Arguments Rather Than Making “New” Arguments

USA - May 25 2022 In Everstar Merchandise Co. Ltd. v. Willis Electric Co. Ltd., No. 2021-1882, 2022 WL 1089909 (Fed. Cir. Apr. 12, 2022) (non-precedential), the Court…

To Err Is Human, To Forgive Divine - If There Was Error

USA - May 17 2022 In Apotex, Inc. v. Auspex Pharms., Inc., IPR2021-01507, Paper 9 (P.T.A.B. March 9, 2022) (“Institution Decision”), the Patent Trial and Appeal Board…

Claim Components Without Amount or Function Limitations Anticipated by Bare Disclosure

USA - May 9 2022 In Neenah, Inc. v. Schwendimann, IPR2021-00016, Paper 26 (PTAB April 12, 2022), the Patent Trial and Appeal Board (“PTAB”) issued a Final Written…

Federal Circuit PTAB Appeal Statistics Through March 31, 2022

USA - April 29 2022 Through March 31, 2022, the Federal Circuit decided 1,017 appeals from the PTAB in IPRs, CBMs, and PGRs. While the vast majority of these appeals…

Spotted: The Rare AIA Derivation Proceeding!

USA - April 22 2022 Prior to the America Invents Act (“AIA”), inventorship disputes were resolved by Interferences, which considered who was the first to invent and…