News and Analysis
Innovation, Technology, and IP News
Activist Director Moves On – What’s Next for the PTAB?
Agency Left to Defend Unsettled Legacy Upon taking the reins at the USPTO, Director Iancu made clear that he believed the Patent Trial & Appeal Board (PTAB) was cancelling too...
Illumina v. Ariosa – Ariosa Petitions for Cert.
The first panel decision below can be found at 952 F . 3d 1367 (Fed. Cir. 2020). I posted on this decision on June 1, 2020, days before the Fed. Cir. issued a modified panel decision...
Feed tagged as "ptab":
Agency Left to Defend Unsettled Legacy
Upon taking the reins at the USPTO, Director Iancu made clear that he believed the Patent Trial & Appeal Board (PTAB)... Read More »
SIPCO, LLC v. EMERSON ELECTRIC CO.
Before O’Malley, Reyna, and Chen. Appeal from the Patent Trial and Appeal Board.
Summary: The Board’s... Read More »
Joinder Estoppel Narrower Than Original Petition Estoppel
Court’s have struggled with the meaning of the “reasonably could have raised” aspect... Read More »
PTAB Seeks Public Input
Based on stakeholder feedback, the Patent Trial and Appeal Board (PTAB) has added an online form (here) to the USPTO website that allows... Read More »
Transitional CBM Challenge Program Sunsets Today
The America Invents Act (AIA) placed an expiration date on Covered Business Method (CBM) challenges. That... Read More »
SECURITY PEOPLE, INC. v. IANCU
Before Lourie, Wallach, and Hughes. Appeal from the United States District Court for the Northern District of California... Read More »
The PTAB has been grappling with how to manage IPR petitions for patents that are also being challenged in federal district court, particularly when the district... Read More »
If the PTAB Fee Model is Biased, Patent Owners Have Much Bigger Problems
Recently, a due process challenge has been raised to the PTAB fee model in New Vision... Read More »
CAFC Refuses Remand on 112 6th Deficiencies
When challenging claims at the Patent Trial & Appeal Board (PTAB), Rule 42.104(b)(3) requires a Petitioner to... Read More »
FANDUEL, INC. v. INTERACTIVE GAMES LLC
Before Dyk, Moore, and Hughes. Appeal from the Patent Trial and Appeal Board.
Summary: The Board does not violate ... Read More »
AUSTRALIAN THERAPEUTIC v. NAKED TM, LLC
Before O’Malley, Reyna, and Wallach. Appeal from the Trademark Trial and Appeal Board
Summary: Standing to ... Read More »
Delaware Cases Slipping 4-6 Months
The practice of denying AIA trial petitions in view of competing district court trial dates has brought some negative attention ... Read More »
Settlement by Amendment Scenario Thwarted in PTAB Rehearing Reversal
Last March, I explained the strange scenario playing out in ZTE USA Inc., & LG... Read More »
Roughly 10% of AIA Proceedings Involve Amendments
Earlier this week the Patent Trial & Appeal Board (PTAB) released the sixth installment of its Motion to... Read More »
House and Senate Judiciary Committees Alerted to “Significant and Rapidly Growing Problem”
Earlier this month, a coalition of stakeholder... Read More »
Board Acknowledges Slipping WDTX Trial Date
Some weeks back I highlighted the institution decision in Sand Revolution II LLC., v. Continental Inter Modal Group... Read More »
PTAB Appeals Focused on Merits
The SCOTUS re-calibrated the PTAB’s appeal bar in Thryv, Inc v. Click-To-Call Techs., LP., explaining that potential... Read More »
LEAP Program Launches 5/15
Today, the USPTO officially launched the Patent Trial and Appeal Board’s (PTAB) Legal Experience and Advancement Program (LEAP)... Read More »
A few weeks ago, for the first time, we compared the cost of patent prosecution for Apple’s top firms (Patexia Insight 77). One of our readers asked if we could ... Read More »
Public Policy Role of PTAB Clashes with Assignor Estoppel Equities
The doctrine of assignor estoppel prevents prior owners/inventors of a patent from later... Read More »
