New Wave of Patent Litigation Possible After Covered Business Method Review Program Ends
The transitional Covered Business Method (CBM) review program saw its end on September 16, 2020. Under the CBM review program,…
The Federal Circuit Provides Insights on CBM Eligibility: What Constitutes a “Technological Invention?”
In two separate decisions involving the same parties,[1] the Federal Circuit affirmed the PTAB’s determination that claims challenged in a…
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,…
PTAB Issues Guidance on Remand Procedures
On November 15, 2017, the Patent Trial and Appeal Board (PTAB) published a revised Standard Operating Procedure 9 (“SOP 9”)…
STRONGER Patents Act Proposes Substantial Changes to AIA Trial Proceedings
On June 21, 2017, Senator Chris Coons (D-Del.) introduced the STRONGER Patents Act of 2017 in the Senate. STRONGER is…
4 PTAB Lessons on Scope of On-Sale Prior Art
This article was reprinted with permission from Law360. Petitioners in post-grant review and covered business method proceedings under the America…
Evidentiary Thresholds for Establishing Prior Public Use in Post-Grant Proceedings
Petitioners in post-grant review (PGR) and covered business method (CBM) proceedings have a greater arsenal of prior art to develop…
Terminating a Post-Grant Proceeding By Settlement Before the Patent Trial and Appeal Board Has “Decided the Merits”
Voluntarily terminating a post-grant proceeding before the Patent Trial and Appeal Board (PTAB) prior to a final written decision may…
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”). …
PTAB Precedential Decisions
The first petition for inter partes review (IPR) was filed on September 16, 2012. Garmin Int’l, Inc. v. Cuozzo Speed…