The United States Patent and Trademark Office (“USPTO” or the “Office”) recently proposed new AIA trial procedures aimed at...
PTAB
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When a non-patent literature (NPL) reference is used to challenge a patent, a key issue to be resolved is whether the NPL reference is a...
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The PTAB will soon implement a change in its claim construction standard in post-issuance reviews, moving from the broadest reasonable...
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On October 11, 2018, the United States Patent and Trademark Office (USPTO) announced a change in the claim construction standard used for...
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A Federal Circuit opinion issued September 13, 2018, has affirmed a decision by the Patent Trial and Appeal Board (“PTAB” or “the...
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The PTAB has broad discretion under 35 U.S.C. § 325(d) to deny institution if “the same or substantially the same prior art or arguments...
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In Ericsson Inc. v. Intellectual Ventures I LLC, the Court of Appeals for the Federal Circuit vacated and remanded a final written decision...
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The USPTO first published its AIA Trial Practice Guide (“TPG”) in August 2012. The TPG provides practitioners with guidance on typical...
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On August 16, 2018, the en banc Federal Circuit held that 35 U.S.C. § 315(b) unambiguously triggers the one-year time bar to file an inter...