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Last week, the Patent & Trademark Office revised its Standard Operating Procedures 1 and 2, which address, among other things, the processes for assigning PTAB judges to panels, for designating [...]

Cease-and-desist letters, and less aggressive notice letters, can serve several purposes for patent owners. Among other things, they can open licensing negotiations, serve as warnings to competitors, create notice for [...]

How will other constitutional concerns affect IPRs? Oil States addressed constitutionality under Article III and the Seventh Amendment, but it did not directly address the other takings and due process [...]

While the Supreme Court upheld IPRs under Article III and the Seventh Amendment, did the Court leave open the possibility for other constitutional challenges? Yes, it expressly left open several [...]

Yesterday, the U.S. Supreme Court held that inter partes reviews (IPRs) do not violate Article III or the Seventh Amendment to the United States Constitution. In Oil States Energy Services [...]

Today the PTAB designated part of its decision in General Plastic Industrial Co., Ltd. v. Canon Kabushiki Kaisha, IPR2016-01357, Paper 19 (P.T.A.B. Sept. 6, 2017) as precedential. In Section II.B.4.i [...]

The PTAB designated as precedential its Institution Decision in Athena Automation Ltd. v. Husky Injection Moldings Systems Ltd., IPR2013-00290, Paper No. 18 (Oct. 25, 2013). According to the Patent Office's [...]

On April 1, 2016, in response to comments received on proposed rules released Aug. 20, 2015, the U.S. Patent and Trademark Office released amendments to the rules of practice for [...]

For the last three years, America Invents Act (AIA) trials before the Patent Trial and Appeal Board (Board) have been effective tools for challenging the validity of issued patents. During [...]

The recent en banc Federal Circuit decision in Williamson v. Citrix Online, LLC could change how courts interpret an entire class of patent claim features. The Williamson court held that [...]

AIA trials are now more than three years old. Many final written decisions (FWDs) in AIA trials at the Patent Trial and Appeal Board (PTAB) have made it to the [...]