With
Charlotte Jacobsen,
Filko Prugo
The U.S. Patent and Trademark Office has issued an update to its Trial Practice Guide. The update was published in the Federal Register today, August 13, 2018.
The Federal Register will issue a notice updating the Patent Trial & Appeal Board (PTAB) Trial Practice Guide on Monday, August 13, 2018.
Last month the Patent Trial & Appeal Board (PTAB) designated Ex Parte Jung 2016-008290, "informative."
Yesterday I highlighted a significant decision for Patent Trial & Appeal Board (PTAB) practitioners pertaining to Real-Party-In-Interest (RPI) and privity determinations, Applications in Internet Time, LLC v. RPX Corporation.
Last week, I pointed out that the Federal Circuit faulted the Patent Trial & Appeal Board (PTAB) for its narrow public accessibility analysis in Medtronic, Inc. v. Barry.
This is one of the more significant decisions on PTAB practice this year and
will very likely reinvigorate RPI/privy disputes at the Board.
Last Friday, the Federal Circuit affirmed the Patent Trial & Appeal Board's denial of tribal sovereign immunity as a patent owner defense to an AIA trial challenge.
With
Filko Prugo
In the last three years, there has been an uptick in the use of inter partes review proceedings by the generic-side of the bio/pharma industry.
While the summer months are relatively quiet when it comes to marquee CLE events and bar organization gatherings, the Patent Trial & Appeal Board (PTAB) is providing a rare opportunity for stakeholders in late July.
The second decision outlines requirements for taking foreign depositions.
The Stronger Patent Act has failed to gain traction for several years now. The Bill is deemed to one-sided, proposing legislative changes that would effectively kill AIA trial proceedings.
The popularity of AIA trial proceedings at the Patent Trial & Appeal Board (PTAB) has caused a corresponding nosedive in patent reexamination filings.
While most remember the Cuozzo appeal as challenging the Patent Trial & Appeal Board's (PTAB) claim construction practices ...
With
Douglas Hallward-Driemeier
April 2018, the Supreme Court issued its opinion in SAS Institute. As a result, petitioners and patent owners needed to immediately grapple with significant practice changes.
As explained earlier this week in a study by my partner Filko Prugo, Orange & Purple Book patents fare no worse at the PTAB than in the courts.
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