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2018

Under the APA, the Board’s Claim Constructions Need Not Be Identical to Constructions Previously Raised in the IPR Proceeding

In Hamilton Beach Brands, Inc. v. f’real Foods, LLC, No. 2018-1274 (Fed. Cir. Nov. 16, 2018), the Federal Circuit opined on…

Roger Lee

December 5, 2018

PTAB to Implement Rule Changing Claim Construction Standard in AIA Trial Proceedings

The USPTO has published a final rule changing the claim construction standard applied during inter partes review (IPR), post-grant review…

Buchanan PTAB Report

October 12, 2018

PTAB Revises Procedure for Panel Assignment and Designation of Precedential Opinions

The PTAB has revised its procedure regarding the process by which PTAB judges are assigned to panels (“Revised SOP1”). Revised…

Buchanan PTAB Report

September 21, 2018

Remands of Partially Instituted AIA Trials After SAS

In SAS Institute v. Iancu, 138 S. Ct. 1348 (2018), the Supreme Court held that when an inter partes review…

Roger Lee

September 20, 2018

Updated Trial Practice Guide: Impact on Strategies in AIA Trial Proceedings

As previously discussed, the USPTO has provided an update to the Office Patent Trial Practice Guide (“Practice Guide”).  The Practice…

Roger Lee

August 30, 2018

PTAB Publishes Update to AIA Trial Practice Guide

The PTAB has published an update to the AIA Trial Practice Guide (TPG) containing additional guidance about trial practice before the…

Buchanan PTAB Report

August 20, 2018

PTAB Establishes Plain Meaning of ‘At Least One of A and B’

Update: Perhaps recognizing that the decision uses overly broad language, the PTAB de-designated the Ex parte Jung decision on August…

Buchanan PTAB Report

July 30, 2018

PTAB Designates Five Decisions as Informative

Recently, the PTAB designated five decisions as informative. Three of the decisions provide guidance on practice and procedure in inter…

Buchanan PTAB Report

July 11, 2018

Possible Changes on the Way in IPRs, PGRs and CBMs – From Broadest Reasonable Interpretation to a Phillips Standard, Consideration of Prior Claim Construction and Possible Retroactivity of Those Changes

As the sixth anniversary for implementation of inter partes reviews (“IPRs”), post-grant reviews (“PGRs”), and covered business method patent reviews…

Buchanan PTAB Report and Buchanan PTAB Report

June 25, 2018

PTAB Experiences a Spike in New IPR Filings After Oil States

In its latest AIA trial statistics report, the PTAB has indicated that 160 petitions for inter partes review (IPR) were…

Buchanan PTAB Report and Buchanan PTAB Report

June 18, 2018

PTAB Provides Guidance on Motion to Amend Practice

In Western Digital Corp v. SPEX Tech, the PTAB provides guidance on motion to amend practice in inter partes review…

Shawn Cage

June 12, 2018

USPTO Proposes Changes to Claim Construction Standard Applied in AIA Trial Proceedings

On May 8, the U.S. Patent and Trademark Office issued proposed rule changes concerning claim construction practice at the PTAB.…

Roger Lee

May 8, 2018

PTAB Provides Guidance on AIA Trial Procedure in View of SAS Institute

Recently, the Patent Trial and Appeal Board (PTAB) issued guidance on the impact of SAS Institute Inc. v. Iancu on…

Roger Lee

April 27, 2018

The Supreme Court Upholds the Constitutionality of IPRs and Strikes Down Partial Institutions

Recently, the Supreme Court ruled that inter partes review (IPR) proceedings conducted before the Patent Trial and Appeal Board (PTAB)…

Roger Lee

April 25, 2018

Due Process Trumps Validity Concerns in AIA Trials

In Dell Inc. v. Acceleron, LLC, the Federal Circuit held that a panel of the Patent Trial and Appeal Board…

Buchanan PTAB Report

April 10, 2018

Prior Art Known Before Filing IPR Petition Leads to Estoppel of Invalidity Grounds in District Court

In Oil-Dri Corp. of Am. v. Nestle Purina Petcare Co., the district court granted a renewed estoppel motion under the…

Shawn Cage

March 28, 2018

Recent Guidance on Whether the PTAB is Bound by a Prior Claim Construction

Recent decisions from the Federal Circuit provide guidance on whether the PTAB must adopt a prior claim construction that is…

Buchanan PTAB Report

March 22, 2018

Orange Book-Listed Patents Challenged in AIA Trial Proceedings

The USPTO recently issued a study concerning AIA trial proceedings challenging Orange Book-Listed patents.1 The study was presented by the…

Roger Lee

March 22, 2018

PTAB Denies Saint Regis Mohawk Tribe’s Motion to Terminate IPRs Based on Tribal Immunity

A panel of the Patent Trial and Appeal Board (PTAB) denied the Saint Regis Mohawk Tribe’s motion to terminate six…

Buchanan PTAB Report

March 1, 2018

Patexia Names Buchanan as Best Performing Firm Representing Patent Owners

Patexia, an intellectual property company that performs analytical studies for IP-related issues, named Buchanan as the best performing law firm representing…

Buchanan PTAB Report and Buchanan PTAB Report

February 8, 2018

Federal Circuit Reverses Course and Holds That the PTAB’s Time-Bar Determinations in Institution Decisions are Appealable

Recently, the en banc Federal Circuit held that a determination by the Patent Trial and Appeal Board (PTAB) on whether…

Buchanan PTAB Report

January 25, 2018

Portion of PTAB’s Facebook Decision Addressing Pre-Institution Statutory Disclaimers Designated as Precedential

True to its ongoing effort to increase the number of precedential decisions, the Patent Trial and Appeal Board (“P.T.A.B.”) designated,…

Buchanan PTAB Report and Buchanan PTAB Report

January 3, 2018

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