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Results:1-10 of 1,284

PTAB Debates Standard for Reasonable Number of Substitute Claims
  • Ropes & Gray LLP
  • USA
  • September 18 2018

Given the complications associated with amending litigated claims, amendment is still relatively rare at the Patent Trial & Appeal Board (PTAB). Yet


CAFC Explains PTAB Burden Shift for Claimed Ranges
  • Ropes & Gray LLP
  • USA
  • September 17 2018

Since the Federal Circuit's decision in Magnum Oil, the Patent Trial & Appeal Board (PTAB) has been mindful that the ultimate burden of persuasion


Post Grant Proceedings: Recent Developments & Precedential Proceedings
  • Kilpatrick Townsend & Stockton LLP
  • USA
  • September 5 2018

The overall institution rate continues to decline and is at 61 in FY2018. Overall, the institution rate remains higher for electricalcomputer and


PTAB Must Consider Reply Arguments that Merely Expand on Petitioner’s Original Positions
  • Finnegan, Henderson, Farabow, Garrett & Dunner LLP
  • USA
  • September 5 2018

In Ericsson Inc. v. Intellectual Ventures I LLC, No. 2017-1521 (Fed. Cir. Aug. 27, 2018), Ericsson appealed a PTAB decision finding that claims 1-3


IPRPGR Update: Recent Uptick in Motion to Amend Grant Rate is Promising Sign for Patent Owners
  • Kilpatrick Townsend & Stockton LLP
  • USA
  • September 4 2018

The PTAB has long been hesitant in granting motions to amend. But a recent review of motion to amend statistics shows that they are being granted with


Petitioner’s Reply May Expand Presented Arguments and Address New Claim Constructions
  • Jones Day
  • USA
  • August 31 2018

On August 27, 2018, the Federal Circuit vacated and remanded the PTAB’s finding that claims 1-3, 6-9, and 12-14 of U.S. Patent No. 5,602,831 (“the


Does Secret Prior Art Survive in the AIA? Twelve Interested Parties Weigh In
  • Banner & Witcoff Ltd
  • USA
  • August 30 2018

In May, a panel of the U.S. Court of Appeals for the Federal Circuit applied an on-sale bar under the America Invents Act (AIA) to Helsinn's U.S


Federal Circuit upholds Board’s use of control standard of privity to assess time bar
  • Marshall Gerstein & Borun LLP
  • USA
  • August 20 2018

It is undisputed that institution of an inter partes review (IPR) is time-barred under 35 U.S.C. 315(b) if the petition is “filed more than 1 year


PTAB Issues Fourth Installment Of Its Motion To Amend Study
  • Jones Day
  • USA
  • August 14 2018

On Monday, the PTAB issued its fourth installment of its ongoing motion to amend study, providing details on motions to amend filed and decided


Federal Circuit Splits Hairs in Hair Removal Product Interference Proceeding
  • Marshall Gerstein & Borun LLP
  • USA
  • August 7 2018

In General Hospital Corp. v. Sienna Biopharmaceuticals, Inc., Case No. 2017-1012 (Fed. Cir. May 4, 2018), the Federal Circuit affirmed the PTAB’s