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Patents Post-Grant Blog

Articles: 1-10 of 226

CBM Sunsets at the PTAB….For Now

USA - September 16 2020 The America Invents Act (AIA) placed an expiration date on Covered Business Method (CBM) challenges. That is, CBM review…

CAFC Finds PTAB Joinder Appealable After All

USA - September 10 2020 Back in March, the Windy City panel (Prost, Plager, and O’Malley) originally held that § 315(c) was unambiguous that an existing “party” to a PTAB…

AIA Change Allows for Deceptive Patent Corrections

USA - September 8 2020 With the AIA, Congress amended § 256 to remove the requirement that the “error” of omitting an inventor from a patent must occur…

Reissue Claims Substantially Identical to Invalidated Claims Ensnared by Collateral Estoppel

USA - September 2 2020 A surprisingly underutilized patenting mechanism — the reissue patent application — should be an essential component of any portfolio…

USPTO Sued Over Discretionary Denials

USA - September 1 2020 Back in June, I predicted that an APA action against the USPTO and/or a mandamus petition to the Federal Circuit was inevitable given…

Admitted Art Ruled Out as IPR Trial Ground Reference

USA - August 21 2020 Earlier this week, a guidance memo was issued to the Patent Trial & Appeal Board (PTAB) on the use of Applicant Admitted…

Due Process Challenges to the PTAB Fee Model?

USA - August 13 2020 Recently, a due process challenge has been raised to the PTAB fee model in New Vision Gaming v. SG Gaming Inc.

Summer/Fall PTAB CLE

USA - August 6 2020 A few virtual CLE programs on the horizon, including AIPLA’s PTAB Bench & Bar Conference, and the inaugural IPWatchdog Con!…

PTAB Trial Fees Increase 25% in October

USA - August 4 2020 The United States Patent and Trademark Office (USPTO) is increasing Patent and Patent Trial and Appeal Board (PTAB) fees for a second time…

PTAB Can’t Find Means-Plus-Function Claims Defective

USA - July 30 2020 When challenging claims at the Patent Trial & Appeal Board (PTAB), Rule 42.104(b)(3) requires a Petitioner to identify the specific portions…