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Oblon | USA | 8 Aug 2017

Separate Article III Standing Not Necessary for PTAB Appellees

Last week, I analyzed the government's arguments supporting Article III standing for intervenors in Knowles Electronics v. Matal. In that case, the…

Oblon | USA | 2 Aug 2017

PTAB Designates New Precedent for AIA Trials

Assignor Estoppel Not an Exception to 311(a) The Patent Trial & Appeal Board (PTAB) has designated the following decision as precedential: Athena…

Oblon | USA | 1 Aug 2017

USPTO Intervenor Standing in PTAB Appeals

USPTO Explains Intervenor Standing Some weeks back in Knowles Electronics v. Matal, the Federal Circuit, sua sponte, asked the following of the…

Oblon | USA | 18 Jul 2017

CAFC Finds Forfeit of Half-Win Before PTAB

PTAB practitioners must always be mindful of the Board's longstanding practice to treat grouped claims as standing or falling together. That is…

Oblon | USA | 14 Jul 2017

House IP Subcommittee Slams "Reprehensible" EDTX

Judge Gilstrap Singled Out in Congressional Hearing as Defying SCOTUS Yesterday, the House IP Subcommittee on the Courts, Intellectual Property and…

Oblon | USA | 23 Jun 2017

Senate Bill Seeks to Thwart AIA Trials

The STRONGER (Support Technology & Research for Our Nation’s Growth and Economic Resilience) Patents Act was unveiled in the U.S. Senate this week…

Oblon | USA | 21 Jun 2017

Another WiFi One Hint from the CAFC

The en banc opinion on the scope of the AIA's appeal bar (35 U.S.C. §§ 324(e)/314(d)) remains outstanding in WiFi One. Still, we have seen a few…

Oblon | USA | 19 Jun 2017

A Post-Grant Lesson for Patent Prosecutors

Every so often a decision comes out of the USPTO's Patent Trial & Appeal Board (PTAB) or the Federal Circuit that has immediate value for patent…

Oblon | USA | 13 Jun 2017

AIA Trials Unconstitutional? Don't Bet on It

The Supreme Court has had at least three occasions over the past 7 months to review the constitutionality of AIA trial proceedings — it declined all…

Oblon | USA | 12 Jun 2017

Preliminary Response Evidence Should Focus on Technology

Back on May 1st of 2016, the Patent Trial & Appeal Board (PTAB) began to accept new testimonial evidence with patentee preliminary responses. The…
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