Photo of Martin M. Zoltick

Martin M. Zoltick is a technology lawyer with more than 30 years of experience representing inventors, innovators, entrepreneurs, and investors. Marty has a degree in computer science and, prior to attending law school, he worked for several years as a software developer and engineer.

On October 11, 2018, the United States Patent and Trademark Office (USPTO) announced a change in the claim construction standard used for inter partes review (IPR), post-grant review (PGR) and covered business method (CBM) review.  For these proceedings, the claim construction standard will be changed from the broadest reasonable interpretation (BRI) standard to the standard

Yesterday, the U.S. Supreme Court issued two important decisions relating to inter partes review (IPR) proceedings before the Patent Trial and Appeal Board (PTAB) of the U.S. Patent and Trademark Office (PTO).

Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, U.S., No. 16-712, 4/24/2018

In Oil States, the Supreme Court ruled

Praxair filed a first petition for inter partes review of claims 1-19 of U.S. Patent 8,846,112.  The PTAB instituted review based on the first petition and concluded that all claims, except claim 9, were unpatentable.  In doing so, the PTAB determined that the “providing information” step in claim 1, and “similarly-worded claims steps in other

Cases remanded to the PTAB by the Federal Circuit are beginning to resurface.[1]   The PTAB decided two such cases this month.   See  Dell, Inc. v. Acceleron, LLC, Nos. 2015-1513, -1514 (Fed. Cir. March 15, 2016), on remand, IPR2013-00440, Paper 49 (PTAB Aug. 22, 2016) and Ariosa Diagnostics v. Verinata Health, Inc.,

On July 25, 2016, in In re Magnum Oil Tools Int’l, Ltd., Case No. 2015-1300, the Federal Circuit clarified the respective burdens carried by both the petitioner and the patentee in an inter partes review proceeding. The court reversed the Board’s decision that the challenged claims of U.S. Patent No. 8,079,413, directed to oil

On Monday, June 27, the Supreme Court granted Click-to-Call’s petition for writ of certiorari, vacated the Federal Circuit’s judgment below, and remanded the case “for further consideration in light of Cuozzo Speed Technologies, LLC v. Lee, 579 U. S. ___ (2016).”  Click-to-Call Technologies, LP v. Oracle, Corp., No. 15-1014.  This so-called “GVR” order

The United States Patent and Trademark Office (USPTO) recently enacted new rules for post grant proceedings before the Patent Trial and Appeal Board (PTAB).  (Federal Register, vol. 81, No. 63, at pp. 18750-18766, April 1, 2016).  The new rules were formulated from public comments to proposals published in August 2015 and a series of PTAB