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Article

Rothwell, Figg, Ernst & Manbeck, PC | USA | 20 Sep 2018

PTAB’s Interpretation of “Same or Substantially the Same Prior Art” Under 325(d)

The PTAB has broad discretion under 35 U.S.C. 325(d) to deny institution if “the same or substantially the same prior art or arguments previously

Article

Rothwell, Figg, Ernst & Manbeck, PC | USA | 29 Aug 2018

USPTO Issues an Update to the AIA Trial Practice Guide

The USPTO first published its AIA Trial Practice Guide (“TPG”) in August 2012. The TPG provides practitioners with guidance on typical procedures

Article

Rothwell, Figg, Ernst & Manbeck, PC | USA | 16 Feb 2018

The Preclusive Effect of Related PTAB Decisions

In MaxLinear, Inc. v. CF Crespe LLC, the Federal Circuit recently confirmed that issue preclusion applies to administrative agency decisions

Article

Rothwell, Figg, Ernst & Manbeck, PC | USA | 6 Oct 2017

Ultratec v Captioncall - Further Scrutiny of PTAB Practices?

In Ultratec, the Federal Circuit highlighted several problems with the Patent Trial and Appeal Board’s (“PTAB” or “Board”) permissive rules of trial

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