PTAB Issues Consolidated Trial Practice Guide
The PTAB has issued a consolidated edition of the AIA Trial Practice Guide. The consolidated edition incorporates the updates released…
IP Team Goes Four for Four in IPR & PGR Proceedings
Buchanan’s IP team successfully defeated four petitions filed against firm client 3Shape A/S at the USPTO. 3Shape is a developer and…
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…
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…
Supreme Court Review in SAS Institute May Impact the Scope of Appealability and Estoppel in AIA Proceedings
Recently, the Supreme Court agreed to hear arguments on the question of whether the PTAB is required to issue a…
IPR Estoppel Update: District Courts are Questioning the Reasoning of Shaw But are Compelled to Follow It
Challenging the validity of a patent in an inter partes review (IPR) or post-grant review (PGR) does not come without…
Under the Same Precedent, Different Estoppel Standards Have Developed in the PTAB and the District Courts
Estoppel from inter partes review (IPR) or post-grant review (PGR) prevents the petitioner from raising or maintaining a ground of…
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…
PTAB Final Written Decision Not Binding in Federal Circuit Review of Preliminary Injunction Award
The interplay between infringement actions brought in district court and parallel USPTO post-grant proceedings can lead to interesting outcomes. One…
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…
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”). …