Due Process in AIA Trials
In Cuozzo, the Supreme Court emphasized that it “do[es] not categorically preclude review of a final decision where a petition…
Four Things You Need to Know: Summary of the 2016 Amendments to Practice Before the PTAB
On April 1, 2016, the Patent Office announced several changes to practice before the Patent Trial and Appeal Board (“PTAB”). …
The Applicability of Estoppel Under the AIA to Grounds of Unpatentability Not Instituted for Trial
The America Invents Act (AIA) sets forth estoppel provisions which, under certain circumstances, preclude subsequent judicial and administrative review of…
Dear Sir, May I Reply? Sur-replies before the PTAB in Post-Grant Proceedings
Post-grant proceedings before the Patent Trial and Appeal Board (PTAB) are governed by specific rules that tightly regulate the timing…
35 U.S.C. § 325(d): Are Some Patent Office Errors More Correctable Than Others?
In MCM Portfolio LLC v. Hewlett-Packard Co., the Federal Circuit affirmed the constitutionality of inter partes review (IPR) proceedings. 812…
Navigating the PTAB’s Expectations Concerning the Contents of Expert Declarations and Corresponding Pleadings
It is common practice to submit expert declarations in support of pleadings filed in post-grant proceedings before the Patent Trial…
PTAB Precedential Decisions
The first petition for inter partes review (IPR) was filed on September 16, 2012. Garmin Int’l, Inc. v. Cuozzo Speed…
Demonstrating Public Accessibility of Printed Publications in Inter Partes Review Proceedings
Petitioners may rely on printed publications to challenge the patentability of claims in an inter partes review (IPR) proceeding. 35…