News and Analysis
Innovation, Technology, and IP News
If a Case Was Baseless, It Would Have Ended Sooner
Written by: Matthew Pham & Daniel P. Hughes OneSubsea IP UK Limited v. FMC Technologies, Inc. Before Clevenger, Moore, and Dyk. Appeal from the United States District...
Low-Bar for Corroboration
Written by: Matthew Friedrichs & Daniel P. Hughes MEDTRONIC, INC. v. TELEFLEX INNOVATIONS S.A.R.L. Before Moore, Lourie, and Dyk. Appeal from the Patent Trial and Appeal...
Trademark Monitoring and Enforcement in the Digital Era: Tools and Techniques
In today's digital landscape, protecting your trademarks has become more challenging than ever before. With the rise of e-commerce platforms, social media, and online marketplaces, ...
Exploring the Use of Machine Learning in Prior Art Search: Advancing Patent Examination Efficiency
In the realm of patent examination, the search for prior art plays a critical role in determining the novelty and inventiveness of an invention. Traditionally, patent examiners...
Recessions and Patent Applications: Navigating the Ups and Downs of the Innovation Economy
Written by: Sophia Petrichenko & Jason J. Jardine As predictions of an economic recession in the United States loom, 2023 has started with extensive layoffs throughout the...
Feed tagged as "patent trial & appeal board":
A patent is a legal form of protection granted to inventors for their unique and useful ideas, designs, or products. It gives the patent... Read More »
Whenever there are discussions related to patent law and amendments, many are concerned with each proposal's impacts, advantages, and... Read More »
Just last week, a federal jury in Marshall, Texas, decided a patent infringement case between two of the three top... Read More »
Tomorrow we will be releasing our sixth annual IPR Intelligence report, where we covered the IPR filing activity from July 1, 2017, through June... Read More »
Amidst growing concerns that China is eclipsing the U.S. with R&D and patents in emerging new technologies, the Chairman of the Senate ... Read More »
Since she took office on April 13th, USPTO’s director, Kathi Vidal, has made several public appearances, expressing... Read More »
PTAB 2019: A Year of New Precedent
There were a number of high profile developments at the Patent Trial & Appeal Board (PTAB) in 2019. New procedures for... Read More »
BTG INTERNATIONAL LIMITED v. AMNEAL PHARMACEUTICALS LLC
Before Wallach, Moore, and Chen. Consolidated appeals from the Patent Trial and Appeal Board and the ... Read More »
Written by Peter Law and Kerry S. Taylor, Ph.D.
September 16, 2017 marked five years since the Patent Trial and Appeal Board (PTAB) was created. Some of... Read More »
Written by Jordan M. Cox and Nathanael Luman, Ph.D.
The Federal Circuit determined that Article III standing was not necessary for an appellee to participate in a ... Read More »
Article III Standing Only Necessary for Party Invoking Authority of Federal Courts
Last week, I analyzed the government's arguments supporting Article III... Read More »
What Exactly is the "Thrust of the Rejection?"
Every so often a decision comes out of the USPTO's Patent Trial & Appeal Board (PTAB) or the... Read More »
Failure to Argue Differing Claim Language of Similar Claims Haunts Appellant
PTAB practitioners must always be mindful of the Board's longstanding practice to ... Read More »
Patent Owner Sur-Replies on the Uptick
Back in June of 2016, the Federal Circuit issued its opinion in Genzyme Therapeutic Products LP v. BioMarin Pharmaceutical... Read More »
Bill Would Effectively End PTAB
The STRONGER (Support Technology & Research for Our Nation’s Growth and Economic Resilience) Patents Act was unveiled in ... Read More »
High Court to Review Constitutionality of AIA Trials
The Supreme Court has had at least three occasions over the past 7 months to review the constitutionality of... Read More »
Preliminary Responses Accompanied by Declaration Evidence: Updated Results
Back on May 1st of 2016, the Patent Trial & Appeal Board (PTAB) began to accept new ... Read More »
Focus of CBM Standing Analysis: Claim Language
Yesterday, the Federal Circuit denied en banc review in Secure Axcess LLC v. PNC Bank National Assoc., et al. ... Read More »
Recent Decision out of EDTX First to Get PTAB Estoppel Provision Correct
IPR estoppel is established under 35 U.S.C. § 315(e)(2), which provides that... Read More »
"All or Nothing" PTAB Institution Practice Coming Soon?
Today, the Supreme Court granted certiorari in SAS Institute Inc., v. ComplemenSoft... Read More »
