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Post-grant Proceedings Blog

Articles: 1-10 of 11

What Is The Future Of The Doctrine Of Assignor Estoppel In Patent Validity Challenges?

USA - January 20 2021 On January 8, 2021, the Supreme Court granted a petition for a writ of certiorari filed by Minerva Surgical, Inc. on September 30, 2020.1 The question…

PTAB Adopts District Court Indefiniteness Standard

USA - January 12 2021 Under AIA 35 U.S.C. § 112(b), a patent specification “shall conclude with one or more claims particularly pointing out and distinctly claiming the…

Insights from the CJEU regarding cooperation agreements between contracting authorities

European Union - January 7 2021 On May 28 2020, the European Court of Justice (CJEU) provided preliminary rulings in Case C-796/18 Informatikgesellschaft für Software-Entwicklung…

Appointment of PTAB Judges Unconstitutional per Federal Circuit

USA - November 7 2019 On Halloween, the Federal Circuit held that the appointment of PTAB judges was unconstitutional, and struck down a provision of the Patent Act that…

Correcting an Incorrect Priority Chain During PGR/IPR

USA - October 2 2019 In a case decided yesterday, the Federal Circuit found that the Board abused its discretion by denying Honeywell’s request to file a motion for leave…

Counsel are Permitted to Confer with Witness Before Redirect: Focal Therapeutics, Inc. v. Senorx, Inc., IPR2014-00116, Paper 19 (PTAB July 21, 2014) (precedential)

USA - July 18 2019 On July 10, 2019, the PTAB’s Precedential Opinion Panel designated Focal Therapeutics, Inc. v. Senorx, Inc., IPR2014-00116, Paper 19 (PTAB July 21…

PTAB Issues 2nd Update to Trial Practice Guide—Access the Complete Trial Practice Guide, including all revisions to date, here!

USA - July 16 2019 Yesterday (July 15th), the PTAB published a second update to its Trial Practice Guide (https://www.uspto…

Final Rules: PTAB Adopts Phillips Standard for AIA Trials

USA - October 11 2018 Earlier today, the United States Patent & Trademark Office published its final rule package changing the claim construction standard used in AIA…

The One-Year Bar Applies Even After a Voluntary Dismissal without Prejudice

USA - August 16 2018 Today, the Federal Circuit issued an en banc decision in Click-to-Call Technologies, LP v. Ingenio, Inc, Yellow Pages.com, LLC (Case No. 2015-1242)…

A Cautionary Tale Regarding Forum Selection

USA - March 28 2018 In a recent Northern District of California case, the Court granted a restraining order requiring the defendant to dismiss a set of PTAB petitions…