Roger Lee May 8, 2018 | Inter Partes Review
On May 8, the U.S. Patent and Trademark Office issued proposed rule changes concerning claim construction practice at the PTAB. The Patent Office proposes changing the standard for construing claims of unexpired patents in AIA trial proceedings to be the same as the... read more
Roger Lee Apr 27, 2018 | General
Recently, the Patent Trial and Appeal Board (PTAB) issued guidance on the impact of SAS Institute Inc. v. Iancu on AIA trial proceedings. Prior to SAS Institute, the PTAB routinely assessed whether or not to institute trial on a claim-by-claim basis. In SAS... read more
Roger Lee Apr 25, 2018 | Inter Partes Review
Recently, the Supreme Court ruled that inter partes review (IPR) proceedings conducted before the Patent Trial and Appeal Board (PTAB) do not violate the U.S. Constitution. IPRs are a popular mechanism for challenging the patentability of issued patents. Since their... read more
Jonathan Bowser Apr 10, 2018 | Appeals, Due Process, Inter Partes Review
In Dell Inc. v. Acceleron, LLC, the Federal Circuit held that a panel of the Patent Trial and Appeal Board (PTAB) correctly declined to consider the petitioner’s new argument on remand, even though the panel previously found a challenged claim unpatentable on the... read more
Shawn Cage Mar 28, 2018 | Estoppel, Inter Partes Review
In Oil-Dri Corp. of Am. v. Nestle Purina Petcare Co., the district court granted a renewed estoppel motion under the rationale that references relied upon to challenge the validity of an asserted patent reasonably could have been presented in a previous IPR... read more
News from Patently-O