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Patents Post-Grant Blog

Articles: 1-10 of 333

PTAB Drops POP Panel Review Option

USA - July 25 2023 As of Monday July 24th, the USPTO has discontinued the use of its Precedential-Opinion-Panel (POP) in favor of the interim Director Review (DR). This…

PTAB Data Belies Outdated Criticisms

USA - July 17 2023 The PTAB released two studies on historical petition filing practices this month. One directed to the frequency of so-called serial/parallel petition…

PTAB Amendment Pilot - Guidance or Hinderance?

USA - June 29 2023 Patent Owner’s rarely seek to amend claims during PTAB trials. This is because, as most such patents are being simultaneously litigated, amendment…

PTAB Amendment Pilot - Guidance or Hinderance?

USA - June 29 2023 Patent Owner’s rarely seek to amend claims during PTAB trials. This is because, as most such patents are being simultaneously litigated, amendment…

SCOTUS Passes on Scope of IPR Estoppel - Joinder Scope Remains Uncertain

USA - June 26 2023 The challenge to the IPR estoppel statute in Apple et al., v. California Institute of Technology focused on the statute’s use of “during.” That is…

New PTAB Bill to Drive 101 Compromise?

USA - June 23 2023 Yesterday, U.S. Senators Chris Coons (D-Del.),Thom Tillis(R-N.C.), Dick Durbin (D-Ill.), and Mazie Hirono (D-Hawaii) introduced the Promoting and…

New 101 Bill to Avoid Case Law Morass

USA - June 22 2023 Today, U.S. Senators Thom Tillis (R-NC) and Chris Coons (D-DE) introduced the Patent Eligibility Restoration Act of 2023. You can find the text of…

PTAB ANPRM - Misfires & Overextensions

USA - June 21 2023 Yesterday I highlighted the ANPRM proposals that are likely to make it into the NPRM this coming fall. Today, I’ll walk through the ones that I…

PTAB ANPRM Comments & Spoilers

USA - June 20 2023 Today is the comment deadline on the USPTO’s recent Advanced Notice of Proposed Rulemaking (ANPRM). To date some 10,000 comments have been submitted…

Proposal to Elevate Patent Reexamination Antithetical to AIA Statutes

USA - May 18 2023 The excessive scope of the PTO’s Advanced Notice of Proposed Rulemaking (ANPRM) on AIA Trial practices is deliberate as it provides favorable optics…