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Patents Post-Grant Blog

Articles: 1-10 of 86

2019 to Bring Clarity to 101 Disputes

USA - December 11 2018 As we close out 2018, there may be some hope on the horizon for those confounded by the current state of patent eligibility determinations under 35 U…

PTAB Precedential Opinion Panel to Consider Issue Joinder

USA - December 4 2018 As I predicted a few weeks back, the Patent Trial & Appeal Board is now moving to Proppant Express Investments, LLC, Proppant Express Solutions, LLC…

Leveraging SAS Leftovers to Avoid PTAB Institution

USA - November 29 2018 Since the unraveling of partial institution practices in SAS Institute, stakeholders have speculated that the Patent Trial & Appeal Board may begin…

Beware Prosecution History in PTAB Trials

USA - November 26 2018 It is well-established that statements made by a Patent Owner during an inter partes review (IPR) can constitute prosecution disclaimer— even in…

Director Iancu to Unravel Panel Stacking Decision?

USA - November 19 2018 Four years ago, a divided panel of the Patent Trial & Appeal Board (PTAB) denied issue joinder under 35 U.S.C. § 315(c) as a matter of law (i.e…

Equitable Defenses at the PTAB

USA - November 15 2018 The doctrine of assignor estoppel bars the assignor of a patent from challenging the validity of the patent after it is assigned. In considering this…

How to Fix the PTAB’s Amendment Problem

USA - November 5 2018 A few weeks back, the USPTO published a Request for Comments (RFC) (here) on a proposed procedure for motions to amend in AIA Trial Proceedings.

PTAB Proposes Changes to Amendment Practice

USA - October 26 2018 The USPTO has published a Request for Comments (RFC) (here) on a proposed procedure for motions to amend in AIA Trial Proceedings. The proposal…

PTAB Estoppel May Not Stick at ITC

USA - October 22 2018 Plaintiffs are painfully aware of the Patent Trial & Appeal Board (PTAB) and its potential to derail a patent litigation. Indeed, post-SAS patent…

101 PTAB Challenges Might Come Back to Haunt Your Parallel Litigation

USA - October 18 2018 Covered Business Method (CBM) challenges have fallen out of favor with petitioners. This is due to a number of factors, not the least of which is…