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The PTAB recently updated its Standard Operating Procedure 1 (SOP), which describes the process and guidelines for assigning judges to panels in all jurisdictions of the Board. This blog post [...]

The Patent Trial and Appeal Board (PTAB) has knocked out all asserted claims from one of the two VLSI Technology LLC patents that Intel was found to infringe just over [...]

In 2011, Congress passed the America Invents Act, which established, among other things, a process by which a party could petition the Patent Trial and Appeal Board (PTAB) to review [...]

Apple v. Vidal, 2022-1249 F.4th (Fed. Circ. March 13, 2023) Since 2020, the United States Patent and Trademark Office's (USPTO) has been denying requests for post-grant validity challenges based on [...]

The 2011 passage of the America Invents Act (AIA) resulted in a seismic shift in patent litigation and disputes in the United States. The AIA brought with it new post-grant [...]

The U.S. Patent and Trademark Office's recent advance notice of proposed rulemaking for potential reforms to the rules and guidelines for America Invents Act trials was not short on ideas [...]

As many suspected, there has been a sharp decline in discretionary denials since June 2022, when U.S. Patent and Trademark Office Director Kathi Vidal issued new guidance on the Patent [...]

The ongoing battle over the proper remedy for Patent Trial and Appeal Board (PTAB) petitioner misconduct took a dramatic turn this past week. On October 4, USPTO Director Kathi Vidal [...]

Q&A with Arnold & Porter PTAB Practitioner Abigail Struthers Abby began her legal career at the firm (then Kaye Scholer) as a summer associate. In 2020, she was recruited in-house [...]

In a recent Boardside Chat webinar, a panel made up of PTAB judges and practicing attorneys discussed the use of experts and expert testimony in American Invents Act (AIA) proceedings. [...]

On June 10, 2022, the PTAB in Apple Inc. v. MemoryWeb LLC denied Apple's 'conditional' IPR petition but instituted review of Apple's concurrently-filed PGR petition, finding that MemoryWeb's U.S. Patent [...]

NPE litigation in the first half of 2022 came in slightly ahead of the same period in 2021, with the second quarter making up the difference from a relatively slower [...]

Inconsistency Across Related Cases is Precluded When challenging related patents at the Patent Trial & Appeal Board (PTAB), it is not uncommon to present similar grounds of unpatentability across related [...]

Director Memo Decides Against Standard of In Re Packard Back in 2018 I noted the current PTO administration had backed away from a dispute on the appropriate 112 standard to [...]

The USPTO triggered a heated debate through a set of decisions giving the Patent Trial and Appeal Board (PTAB) the discretion to deny institution for an America Invents Act (AIA) [...]

On October 21, 2019, the Patent Trial and Appeal Board ('PTAB') of the United States Patent and Trademark Office ('USPTO') provided a Notice of Proposed Rulemaking ('NPRM') concerning their rules [...]

Indemnification 'Significant and Meaningful Relationship' Extending a trend started last spring, the PTAB is looking more closely at AIA trial petitions coming from separate parties. For parties seeking to pursue [...]

The America Invents Act of 2011 (AIA) created three new post-grant patent review proceedings, generally making them available to any 'person' who is not the patent owner (subject to certain [...]

The U.S. Court of Appeals for the Federal Circuit recently issued three interesting, related opinions interpreting and applying the 'technological invention' exception to Covered Business Method Review ('CBM Review'). These [...]

Abstract The Federal Circuit decision in Shaw Industries Group, Inc. v. Automated Creel Systems, Inc. addressing petitioner estoppel from Patent Trial and Appeal Board ('PTAB') decisions has not been uniformly [...]

Since the passage of the America Invents Act in 2012, the solar industry has grappled with how best to deploy-and defend against-new inter partes review ('IPR') proceedings for challenging patentability [...]

As 2019 begins and intellectual property (IP) strategies are being developed for the new year, it is a good time to reflect on what IP issues were prominent in 2018. [...]

Byline: Thomas Franz A case that has made its way to the U.S. Supreme Court could have far-reaching implications on a patent review process that was introduced in 2011. The [...]

Since the America Invents Act created new post-grant review proceedings, such as inter partes reviews (IPRs), the Patent Trial and Appeal Board (PTAB) has been viewed as a reliable venue [...]

H3>Stage of Litigation & Similarly Situated Litigants Now General Plastic Factors? As I have mentioned on a few CLE panels as of late, the recent changes to the Patent Trial [...]

The USPTO Patent Trial and Appeal Board has issued a revised AIA Trial Practice Guide, updating the original guide published in 2012. The revised TPG, which was published in the [...]

The Patent Trial and Appeal Board ('PTAB') issued its initial Trial Practice Guide in August 2012, shortly before America Invents Act ('AIA') post-grant proceedings became available. That Guide had not [...]

Practitioners are familiar with the typical submission process in America Invents Act ('AIA') - Patent Trial and Appeals Board ('PTAB') proceedings. First, the Petition is filed, and then the Patent [...]

The recent decision in SAS Institute v. Iancu - in combination with the proposed shift from a broadest reasonable interpretation (BRI) standard to the Phillips standard for claim construction used [...]

325(d) Compliments SNQ Standard The popularity of AIA trial proceedings at the Patent Trial & Appeal Board (PTAB) has caused a corresponding nosedive in patent reexamination filings. Not surprisingly, when [...]

On April 24, 2018, the United States Supreme Court decided two important cases addressing administrative patent trials, launched in 2012 by the America Invents Act (AIA). In Oil States v. [...]

The Supreme Court of the United States issued a pair of significant decisions today regarding post-grant practice before the Patent and Trademark Office's (PTO's) Patent Trial and Appeal Board (PTAB). [...]

The Federal Circuit recently reversed course and expanded judicial review of PTAB institution decisions to include time-bar determinations, potentially clearing a path for petitioners and patent owners to appeal other [...]

Patent challengers have heavily relied on inter partes review (IPR) ever since its inception under the America Invents Act (AIA). However, while IPRs have been popular in certain technology areas [...]

With the America Invents Act (AIA), the Patent and Trademark Office (PTO) was tasked with creating a new administrative process for challenging certain business method patents. But nearly five years [...]

Addressing patent-eligible subject matter issues, the Patent Trial and Appeal Board (PTAB or Board) issued a final written decision in a post-grant review (PGR) finding all claims of a newly [...]

Addressing the issue of subject matter eligibility for covered business method (CBM) patent jurisdiction under § 18(d)(1) of the America Invents Act (AIA), the Patent Trial and Appeal Board (PTAB [...]

The Patent Trial and Appeal Board (PTAB or Board) may deny covered business method (CBM) review if the challenged patent is for a technological invention, even if it is directed [...]

The Patent Trial and Appeal Board (PTAB) issued its first written opinions based on a trial of the relatively new Post-Grant Review (PGR) proceeeding and genetic factors. American Simmental Association [...]

On April 1, 2016, the U.S. Patent and Trademark Office published final rules modifying some procedures used in AIA trials before the Patent Trial and Appeal Board (PTAB). The revised [...]

When a Final Written Decision has been received in an America Invents Act (AIA) patent office trial, the Petitioner is estopped from 'request[ing] or maintain[ing] another proceeding before the Office [...]

With the implementation of the America Invents Act of 2011, inter partes review proceedings at the Patent Trial and Appeal Board have become a popular way to challenge the validity [...]

Earlier this month the Federal Circuit reversed the Patent Trial and Appeal Board in an inter partes review decision for just the second time ever. Belden Inc. v. Berk-Tek LLC, [...]

In the America Invents Act ('AIA'), Congress granted the Patent Trial and Appeal Board ('PTAB,' 'the Board') heightened jurisdiction to hear challenges to patents related to performing data processing or [...]

When the United States Court of Appeals for the Federal Circuit issued its decision in In re Cuozzo Speed Technologies in February 2015-the first decision in an appeal from an [...]

On February 4, 2015, the Federal Circuit issued its first opinion addressing an appeal from a final written decision of the new Patent Trial and Appeal Board ('PTAB' or 'Board') [...]