In Nidec Motor Corp. v. Zhongshan Broad Ocean Motor Co. LTD., 2016-2321 (Fed. Cir. August 22, 2017)(designated precedential), the Federal Circuit upheld the PTAB’s finding that a patent directed to an HVAC system was invalid.  However, a concurring opinion criticized the PTAB’s joinder practice and use of expanded panels, indicating that such practices

A difference between post-grant proceedings (i.e., inter partes review and covered business methods) and its predecessor (i.e., ex parte and inter partes reexaminations) is the ability for parties in post-grant proceedings to settle and request termination of the proceedings.  Both federal statutory authority and USPTO rules govern the nature of settlements

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