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Patents Post-Grant Blog

Articles: 1-10 of 76

Invalidity Contentions as IPR Estoppel Markers

USA - October 14 2018 Invalidity Contentions Serve as Estoppel Benchmark A Patent Owner may only avail itself of an IPR estoppel defense in court upon demonstrating that a…

PTAB to Apply Phillips Starting November 13th

USA - October 10 2018 As predicted last week, the final rule package to switch the to the Phillips claim construction for AIA trial proceedings at the Patent Trial &…

PTAB Rule Package Dropping BRI Clears Final Hurdle

USA - October 4 2018 Back in May, the USPTO issued a Notice of Proposed Rulemaking to switch from the Broadest Reasonable Interpretation (BRI) standard to a Phillips…

What a Phillips Construction Could Mean for PTAB Appeals

USA - September 26 2018 Some months back the Patent Trial & Appeal Board (PTAB) proposed dropping the broadest reasonable interpretation (BRI) in favor of the so-called…

PTO Director to Drive PTAB Precedent Going Forward

USA - September 20 2018 The PTAB has substantially revised its Standard Operating Procedures ("SOPs") regarding paneling of matters before the PTAB (SOP1) and precedential…

PTAB Debates Standard for Reasonable Number of Substitute Claims

USA - September 18 2018 Given the complications associated with amending litigated claims, amendment is still relatively rare at the Patent Trial & Appeal Board (PTAB). Yet…

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…