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Tag Archives: PTAB

US: Supreme Court takes up constitutionality of inter partes review

On June 12, 2017, the Supreme Court granted certiorari to decide the constitutionality of inter partes review, a proceeding before the Patent Trial and Appeals Board (PTAB) that allows third parties, typically alleged infringers, to challenge the validity of issued patents.  The question presented in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC

USPTO issues new rules for post-grant proceedings effective May 2

The U.S. Patent and Trademark Office (“PTO”) issued amendments to its “Rules of Practice for Trials before the Patent Trial and Appeal Board” for IPR, CBM, and PGR proceedings, which will be effective in all current and future proceedings starting on May 2, 2016. Most notably, these amendments allow a patent owner to submit testimonial

US: A partial victory for business method patents at the PTAB

The U.S. Patent Trial and Appeal Board (PTAB) recently found a business method patent eligible under 35 U.S.C. § 101, in one of the first such decisions since the institution of Covered Business Method (CBM) Patent Reviews and the Supreme Court’s decision in Alice Corp. Pty Ltd. v. CLS Bank Int’l, 134 S. Ct. 2347

US: Federal Circuit agrees PTAB can “pick and choose”

On February 10, 2016, in a 2-to-1 decision, the Federal Circuit upheld the Patent Trial & Appeal Board’s (the “PTAB’s”) policy of conducting partial reviews of patents challenged under inter partes review petitions. In Synopsys, Inc. v. Mentor Graphics Corp., the Court found no statutory requirement that the PTAB’s final written decision must address every

US – Supreme Court to review PTAB claim construction standard

On January 15, 2016, the U.S. Supreme Court decided to review whether the Patent Trial & Appeal Board (“PTAB”) has been using the correct standard to construe patent claims in post-grant proceedings. The PTAB construes claims according to their “broadest reasonable interpretation” (“BRI”). By contrast, the claim construction standard applied by district courts follows Federal

US: Pharma-friendly trends at USPTO and PTAB

Recent USPTO activity may signal a shift in treatment of pharmaceutical patents in AIA proceedings. The America Invents Act (“AIA”) provides for adversarial proceedings for challenging patents in the United States Patent and Trademark Office (“USPTO”) — including inter partes review (“IPR”) and post grant review (“PGR”) — which are faster, cheaper, and have a lower

U.S. – Claim construction at the PTAB is under review

Claim construction is at the heart of nearly every patent litigation and the new post-grant procedures at the U.S.P.T.O. are no different.  The claim construction standard used by the Patent Trial and Appeal Board (“PTAB”) at the PTO during an inter partes review (“IPR”) is currently being challenged before the United States Court of Appeals