Tag: patent trial and appeal board
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PTAB Provides Convenient Access to Instructive Orders, Notices, and Decisions
The Patent Trial and Appeals Board has provided a web page that compiles instructive orders, notices, and decisions. This is a handy reference site for practitioners to learn from decisions made in various covered business method (CBM), inter partes reviews (IPR) and post-grant review (PGR) proceedings.
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New Petitions Filed for AIA Inter Partes Reviews and Covered Business-Method Patent Reviews
Based on a today’s count, the PTAB Patent Review Processing System (PRPS) is now showing 34 petitions for patent review. There are 10 pending petitions for covered business-method (CBM) patent review and 24 petitions for inter partes review (IPR). What is confusing is that the PRPS system is assigning Trial Numbers that have changed from…
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Claim Interpretation for Post-Grant Review and Inter Partes Review under the AIA – Part I
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in America Invents Act, Broadest Reasonable Interpretation standard, clear and convincing evidence, Ex Parte Prosecution, ex parte reexamination, inter partes reexamination, inter partes review, Litigation, Patent Reform, Phillips-type construction, Post Grant Review, preponderance of evidence, PTAB, reexamination generally, Reissue, UncategorizedToday, USPTO Director David Kappos posted a comment advocating the use of the broadest reasonable interpretation standard (BRI) for claim interpretation in post grant review and inter partes review under the America Invents Act. This is a topic of great interest among those conducting post-grant review of patents because of numerous conflicts occuring in practice due to different…
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America Invents Act: Post-Grant Procedures for Patent Challengers
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in America Invents Act, Appealable, covered business methods, estoppel, estoppel, ex parte reexamination, inter partes reexamination, inter partes review, motion practice, Patent Reform, Post Grant Review, PTAB, raised or reasonably could have raised, raised or reasonably could have raised, reexamination generally, UncategorizedNow that the America Invents Act has become law there are several new provisions for patent challengers to consider. For example, the Act includes: preissuance submissions by third party challengers (Sec. 8 — see the last post); Post-Grant Review (Sec. 6 – see slides*); Inter Partes Review (Sec. 6 – see slides*); Business Method Transitional Proceedings…
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Strategic Use of Reexamination in view of the Patent Reform Bill
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in covered business methods, estoppel, estoppel, estoppel from administrative proceeding, ex parte reexamination, factors for stay, inter partes reexamination, inter partes review, Litigation, motion practice, Post Grant Review, PTAB, raised or reasonably could have raised, raised or reasonably could have raised, reexamination generally, Reissue, stay, Substantial New Question (SNQ), supplemental examinationLast week I had the privilege of speaking on reexamination at the AIPLA Electronics and Computer Law Summit. The title of my speech was “Strategic Use of Reexam after Patent Reform – Post-Grant Review and Inter Partes Review.” The powerpoint presentation materials can be found here. The materials assume that the bill currently pending before the Senate is passed substantially intact. The…