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The Post-Grant Strategist Blog

Articles: 1-10 of 94

Shifting Seas in Aqua Products as the Federal Circuit Eases the Burden of Amendment in IPR

USA - October 11 2017 To many patent owners in IPR, the prospect of a patent-saving claim amendment is all but illusory. The Board grants few motions to amend, which is one…

ITC v. PTAB: Is Winning in IPR Enough to Avoid an ITC Exclusion Order?

USA - August 30 2017 Parties accused of patent infringement often turn to IPRs to invalidate the asserted patents, and winning in an IPR can mean relief from whatever…

Excusable Neglect? Missing the Appeal Deadline Is Not Good, but May Not be All Bad

USA - August 2 2017 Attorneys handling an IPR should never be neglectful, of course, but the director of the US Patent and Trademark Office (USPTO) recognizes that…

PGR: To Wait or Not to Wait for IPR?

USA - July 31 2017 IPR is widely used to challenge patents. Post-grant review (PGR) was intended to work in conjunction with IPR, providing a fuller set of challenges…

Estop Confusing Us: District Courts Take Wildly Different Views on IPR Estoppel

USA - June 20 2017 What is the scope of IPR estoppel? It depends. Not necessarily on the facts, but sometimes on the court: district courts continue to have divergent…

Duck Salad: Don’t Let Claim Preambles Get Lost in the Weeds

USA - June 12 2017 Duck salad—not the tasty Asian dish, but rather a pesky aquatic weed that grows among rice crops—is the subject of the patent challenged in the recent…

To Modify or Not to Modify, That is the Question

USA - June 7 2017 In IPRs regarding the patents to pharmaceutical compounds, patentability often turns on the obviousness of taking a known compound and modifying it…

Going (Way)back to the Future of Printed Publications

USA - June 2 2017 IPR challenges must rely on prior art "patents or printed publications" as the basis for invalidating US patents. But what if a useful prior art…

Tough to Stomach: Differences in Kind and Differences in Degree

USA - May 31 2017 In IPRs, secondary considerations such as unexpected results can play a determinative role in evaluating obviousness, particularly when there is a…

Sovereign Immunity Reigns in IPR Again

USA - May 26 2017 Earlier this week, the use of sovereign immunity as a defense to IPR took a major step forward. For only the second time, the PTAB dismissed an IPR…