The Federal Circuit recently analyzed agency guidance stemming from precedential PTAB decisions.
Earlier this month the Patent Trial & Appeal Board (PTAB) determined, for the first time, that good cause existed to extend a trial beyond the mandated 12 months of 35 U.S.C. § 316(a)(11).
The Supreme Court will get a heavy dose of the PTAB on November 27th. That is the day the High Court will hear oral arguments in both the Oil States and SAS Institute appeals.
Yesterday I explained why In re Aqua Products would not result in PTAB Motions to Amend being any more attractive or ultimately successful.
For PTAB practitioners, the en banc decision in In re Aqua Products is a complete non-event. While the decision has been embraced as a net positive for Patentees, practically speaking...
The USPTO applies a broadest reasonable claim interpretation (BRI) to patents and patent applications.
In Oil States, the "trial argument" is made to distinguish IPR proceedings from patent reexamination.
PTAB Expanded Panels Impact Less Than 1% of All AIA Trials
An objection operates to preserve errors in admitting evidence. At the PTAB, the manner and timing of making evidentiary objections is governed by agency rule rather than the Federal Rules of Evidence (FRE).
Article III Standing Only Necessary for Party Invoking Authority of Federal Courts
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 prosecutors.
The Patent Trial & Appeal Board (PTAB) has designated the following decision as precedential: Athena Automation Ltd v. Husky Injection Molding System Ltd., IPR2013-00290, Paper 18 (PTAB Oct. 25, 2013), Section II.A.
For those seeking PTAB related CLE/education the fall, there are a number of great programs on the immediate horizon.
As I pointed out last week, it is a heavy lift for the Patent Trial & Appeal Board (PTAB) to designate a precedential decision.
Some weeks back in Knowles Electronics v. Matal, the Federal Circuit, sua sponte, asked the following of the parties
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