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ALEXANDRIA, Va. – January 11, 2022 – Buchanan Ingersoll & Rooney intellectual property attorneys obtained a favorable decision from the U.S. Patent…
As a result of the recent Supreme Court decision in U.S. v. Arthrex, Inc., the USPTO implemented an interim review…
The Supreme Court issued a decision today in U.S. v. Arthrex, Inc. upholding the use of inter partes reviews (IPRs) to challenge the validity…
On Monday, April 5, Todd Walters, Chair of the firm’s Patent Office Litigation practice and Co-Chair of the Intellectual Property…
On March 15, 2019, the USPTO implemented a pilot program making certain changes to motion to amend practice in AIA…
The USPTO issued guidance on the standard for addressing indefiniteness in AIA trial proceedings. The PTAB will apply the Nautilus…
The USPTO published a final rule relating to AIA trial proceedings before the Patent Trial and Appeal Board (“PTAB”). The…
The USPTO recently issued comments concerning the impact of the PTAB’s motion to amend (“MTA”) pilot program on AIA trials.…
The transitional Covered Business Method (CBM) review program saw its end on September 16, 2020. Under the CBM review program,…
The U.S. Patent and Trademark Office (USPTO) has announced a Fast-Track Appeals Pilot Program to allow an Appellant to have…
The PTAB designated one decision as precedential and three decisions as informative, providing practitioners with guidance on trial practice and…
The PTAB periodically designates certain of its decisions as precedential or informative to provide guidance concerning Patent Office practice and…
Todd Walters, Chair of the firm’s Patent Office Litigation practice and Co-Chair of the Intellectual Property section, will participate in a discussion…
The PTAB has provided guidance on the standard for exercising its discretion to deny institution under § 325(d). The guidance…
The Federal Circuit provided new guidance regarding the scope of joinder under 35 U.S.C. § 315(c). In Facebook, Inc. v.…
The Patent Office recently launched a page for artificial intelligence information on its website. The page provides information on the…
Todd Walters and David Leibovitch will present “Strategies for Challenging and Defending Patents in the US and Europe” at the European American…
An inter partes review may not be instituted if the petition requesting the proceeding is filed more than 1 year…
The PTAB has issued a consolidated edition of the AIA Trial Practice Guide. The consolidated edition incorporates the updates released…
In Arthrex, Inc. v. Smith & Nephew, Inc., the Federal Circuit ruled that the manner by which Administrative Patent Judges…
Roger Lee, shareholder in the firm’s Intellectual Property section, will speak on a panel “Post Issuance Proceedings & Benchmarking the PTAB” at…
Todd Walters, Chair of the firm’s Patent Office Litigation practice and Co-Chair of the Intellectual Property section, will speak at…
An inter partes review may not be instituted if, before the date on which the petition is filed, the petitioner…
Patexia, an intellectual property company that performs analytical studies for IP-related issues, named Buchanan IP as a Top 5 law…
Buchanan is proud to announce that our colleague Todd R. Walters was selected by his peers and named the Best Lawyers®…
The PTAB has provided guidance on the circumstances that give rise to the time bar under 35 U.S.C. § 315(b) in…
Todd Walters, Chair of the firm’s Patent Office Litigation practice and Co-Chair of the Intellectual Property section, will speak on a…
The USPTO has released an update to the Trial Practice Guide for AIA trial proceedings. The update revises the Trial…
The Board recently provided guidance on deposition practice in AIA trial proceedings. The Trial Practice Guide prohibits counsel offering a…
The Supreme Court will consider the question of whether time-bar determinations rendered by the PTAB are reviewable by the Federal…
The Supreme Court recently determined that federal agencies cannot challenge a patent in an administrative trial proceeding conducted before the…
Buchanan’s IP team successfully defeated four petitions filed against firm client 3Shape A/S at the USPTO. 3Shape is a developer and…
Todd Walters, Chair of the firm’s Patent Office Litigation practice and Co-Chair of the Intellectual Property section, will co-lead a small…
In two separate decisions involving the same parties,[1] the Federal Circuit affirmed the PTAB’s determination that claims challenged in a…
Petitions in post-grant proceedings before the Patent Trial and Appeal Board (PTAB) are considered by the PTAB only if the…
Todd Walters, shareholder in the firm’s Intellectual Property section, will speak on a panel titled “Case Study: Shaking up PTAB…
Michael O’Shaughnessy, shareholder in the firm’s Intellectual Property section, will present a CLE/CPE webinar, hosted by The Knowledge Group, on…
Recently, the PTAB designated as precedential Lectrosonics, Inc. v. Zaxcom, Inc., Case IPR2018-01129, Paper 15 (PTAB Feb. 25, 2019). Lectrosonics…
Todd Walters, shareholder in Buchanan’s Intellectual Property section, will be a panelist at the American Bar Association of Intellectual Property Law’s Spring…
Erin Dunston, shareholder in Buchanan’s Intellectual Property section, will speak about post-grant PTAB practice at the McGeorge School of Law…
Patexia, an intellectual property company that performs analytical studies for IP-related issues, named Buchanan as a Top 10 law firm representing…
In Proppant Express Investments v. Oren Technologies, IPR2018-00914, Paper 38 (PTAB Mar. 13, 2019), the PTAB’s Precedential Opinion Panel (“POP”)…
Andrew Cheslock, Counsel in the firm’s Intellectual Property section, will present a webinar, “Claim Construction Standards and SAS in Post-Grant Trials:…
Pat Keane, Executive Shareholder in the firm’s Intellectual Property section, will moderate a panel titled “Today’s Adjudicative Landscape” at the Federal…
Todd Walters, shareholder in the firm’s Intellectual Property section, will speak on a panel titled “Case Study: Shaking up PTAB…
Todd Walters will serve as a Vice Chair of IPO’s U.S. Post Grant Patent Office Practice Committee for calendar year…
In a recent Boardside Chat, a panel of administrative patent judges provided guidance on authentication issues that arise in proceedings…
The USPTO has issued revised guidance for subject matter eligibility under 35 U.S.C. § 101. The revised guidance aims to…
Roger Lee, counsel in the firm’s Intellectual Property section, will deliver a 90-minute CLE webinar with an interactive Q&A session on February…
In Hamilton Beach Brands, Inc. v. f’real Foods, LLC, No. 2018-1274 (Fed. Cir. Nov. 16, 2018), the Federal Circuit opined on…
The USPTO has published a final rule changing the claim construction standard applied during inter partes review (IPR), post-grant review…
The PTAB has revised its procedure regarding the process by which PTAB judges are assigned to panels (“Revised SOP1”). Revised…
In SAS Institute v. Iancu, 138 S. Ct. 1348 (2018), the Supreme Court held that when an inter partes review…
As previously discussed, the USPTO has provided an update to the Office Patent Trial Practice Guide (“Practice Guide”). The Practice…
The PTAB has published an update to the AIA Trial Practice Guide (TPG) containing additional guidance about trial practice before the…
Update: Perhaps recognizing that the decision uses overly broad language, the PTAB de-designated the Ex parte Jung decision on August…
Recently, the PTAB designated five decisions as informative. Three of the decisions provide guidance on practice and procedure in inter…
As the sixth anniversary for implementation of inter partes reviews (“IPRs”), post-grant reviews (“PGRs”), and covered business method patent reviews…
In its latest AIA trial statistics report, the PTAB has indicated that 160 petitions for inter partes review (IPR) were…
In Western Digital Corp v. SPEX Tech, the PTAB provides guidance on motion to amend practice in inter partes review…
On May 8, the U.S. Patent and Trademark Office issued proposed rule changes concerning claim construction practice at the PTAB.…
Recently, the Patent Trial and Appeal Board (PTAB) issued guidance on the impact of SAS Institute Inc. v. Iancu on…
Recently, the Supreme Court ruled that inter partes review (IPR) proceedings conducted before the Patent Trial and Appeal Board (PTAB)…
In Dell Inc. v. Acceleron, LLC, the Federal Circuit held that a panel of the Patent Trial and Appeal Board…
In Oil-Dri Corp. of Am. v. Nestle Purina Petcare Co., the district court granted a renewed estoppel motion under the…
Recent decisions from the Federal Circuit provide guidance on whether the PTAB must adopt a prior claim construction that is…
The USPTO recently issued a study concerning AIA trial proceedings challenging Orange Book-Listed patents.1 The study was presented by the…
A panel of the Patent Trial and Appeal Board (PTAB) denied the Saint Regis Mohawk Tribe’s motion to terminate six…
Patexia, an intellectual property company that performs analytical studies for IP-related issues, named Buchanan as the best performing law firm representing…
Recently, the en banc Federal Circuit held that a determination by the Patent Trial and Appeal Board (PTAB) on whether…
True to its ongoing effort to increase the number of precedential decisions, the Patent Trial and Appeal Board (“P.T.A.B.”) designated,…
In Fox Factory, Inc. v. SRAM, LLC, the Patent Trial and Appeal Board (PTAB) exercised its discretion to deny institution…
The Patent Trial and Appeal Board (“PTAB” or “Board”) recently issued guidance on motions to amend in AIA trial proceedings…
In inter partes review (IPR) proceedings, petitioners bear the burden of demonstrating that documents relied on as printed publications were…
On November 15, 2017, the Patent Trial and Appeal Board (PTAB) published a revised Standard Operating Procedure 9 (“SOP 9”)…
On November 14, 2017, the United States Patent and Trademark Office (USPTO) published a final rule on fee increases that…
In AIA post-grant proceedings, petitioners occasionally present challenges based on prior art or argumentation that was previously presented to the…
By statute, the Patent Trial and Appeal Board (PTAB) is required to issue a final written decision within one year…
On October 4, 2017, the Federal Circuit, sitting en banc, issued its long-awaited decision in Aqua Products, Inc. v. Matal.…
On Tuesday, September 12, 2017, the Patent Trial & Appeal Board (PTAB) conducted a special “Boardside Chat” webinar with Chief…
Recently, the PTAB designated the following decision as precedential: Athena Automation Ltd. v. Husky Injection Molding Sys. Ltd., IPR2013-00290, Paper…
In EmeraChem Holdings LLC v. Volkswagen Group of Am. Inc., No. 2016-1984 (Fed. Cir. 2017), the Federal Circuit faulted the…
The Federal Circuit recently affirmed the Patent Trial and Appeal Board’s (“the PTAB” or “the Board”) decision invalidating Outdry Technologies…
On June 21, 2017, Senator Chris Coons (D-Del.) introduced the STRONGER Patents Act of 2017 in the Senate. STRONGER is…
On June 12, 2017, the Supreme Court granted certiorari in Oil States Energy Servs. LLC v. Greene’s Energy Grp., LLC,…
Patexia, an intellectual property (IP) company that performs analytical studies for IP-related issues, issued a report on June 14, 2017…
This article was reprinted with permission from Law360. For patents subject to pre-AIA 35 U.S.C. § 102, patent owners involved…
Recently, the Supreme Court agreed to hear arguments on the question of whether the PTAB is required to issue a…
Jonathan Bowser was quoted in The Wall Street Journal‘s article “Supreme Court Limits Where Patent-Infringement Cases Can Be Filed.” “Texas…
Venue Shopping Used for Decades Has Been Curtailed For the last 25 years, patent owners have taken advantage of a…
The doctrine of prosecution disclaimer prevents patent owners from recapturing specific meanings of claim terms that were disclaimed during prosecution.…
Challenging the validity of a patent in an inter partes review (IPR) or post-grant review (PGR) does not come without…
In reversing a previous U.S. District Court ruling, the Federal Circuit held on May 1, 2017 that entering into and…
It is common for both petitioners and patent owners to present expert opinion testimony in post-grant proceedings before the Patent…
This article was reprinted with permission from Law360. Patent owners generally face unfavorable odds in attempting to antedate references in…
Recently, the Federal Circuit confirmed that it is permissible for the district courts and the Patent Trial and Appeal Board…
Managing Intellectual Property has recognized 12 Patent Office Litigation attorneys as 2017 IP Stars
In Los Angeles Biomedical Research Institute v. Eli Lilly and Co., No. 2016-1518, the Federal Circuit vacated the Patent Trial…
This article was reprinted with permission from Law360. In inter partes review proceedings, petitioners are required to indicate how the…
This article was reprinted with permission from Law360. The Patent Trial and Appeal Board’s rules allow parties to request discovery…
Estoppel from inter partes review (IPR) or post-grant review (PGR) prevents the petitioner from raising or maintaining a ground of…
On February 14, 2017, the Federal Circuit vacated an obviousness determination by a panel of the Patent Trial and Appeal…
Shareholder Erin Dunston has been named the exclusive winner of the Intellectual Property – Patents category for Virginia by Lexology…
The United States District Court for the Middle District of North Carolina recently granted summary judgment dismissing defendant’s invalidity claims,…
This article was reprinted with permission from Law360. Petitioners in post-grant review and covered business method proceedings under the America…
A panel of the Patent Trial and Appeal Board (PTAB) recently issued a decision that could significantly strengthen patent portfolios…
Faced with numerous challenges against two of their medical device patents, firm client Medical Components, Inc. relied on Buchanan’s specialty…
The interplay between infringement actions brought in district court and parallel USPTO post-grant proceedings can lead to interesting outcomes. One…
GlaxoSmithKline LLC (GSK) filed six inter partes review (IPR) petitions to challenge the patentability of U.S. Patent Nos. 8,466,172; 8,609,646;…
On January 4, 2017, the Federal Circuit agreed to reconsider en banc a panel decision in Wi-Fi One, LLC v.…
Amending claims during an inter partes review (IPR) proceeding is not like amending claims during ex parte prosecution or a…
Petitioners in post-grant review (PGR) and covered business method (CBM) proceedings have a greater arsenal of prior art to develop…
Voluntarily terminating a post-grant proceeding before the Patent Trial and Appeal Board (PTAB) prior to a final written decision may…
During the institution phase of a post-grant proceeding, the patent owner has the option of filing a preliminary response to…
The scope of estoppel under the America Invents Act is becoming clearer in view of recent Federal Circuit and Patent…
The American Intellectual Property Law Association appointed Shareholder Todd Walters as Chair of the PTAB Trial Committee. Learn more about…
Shareholder Todd Walters, Buchanan’s Patent Office Litigation Chair, was named Chair of the USPTO Post-Grant and Inter Partes Practice Committee…
In Cuozzo, the Supreme Court emphasized that it “do[es] not categorically preclude review of a final decision where a petition…
On April 1, 2016, the Patent Office announced several changes to practice before the Patent Trial and Appeal Board (“PTAB”). …
The America Invents Act (AIA) sets forth estoppel provisions which, under certain circumstances, preclude subsequent judicial and administrative review of…
Post-grant proceedings before the Patent Trial and Appeal Board (PTAB) are governed by specific rules that tightly regulate the timing…
In MCM Portfolio LLC v. Hewlett-Packard Co., the Federal Circuit affirmed the constitutionality of inter partes review (IPR) proceedings. 812…
It is common practice to submit expert declarations in support of pleadings filed in post-grant proceedings before the Patent Trial…
The first petition for inter partes review (IPR) was filed on September 16, 2012. Garmin Int’l, Inc. v. Cuozzo Speed…
Petitioners may rely on printed publications to challenge the patentability of claims in an inter partes review (IPR) proceeding. 35…
Managing Intellectual Property has recognized our IP attorneys as 2016 IP Stars …