USPTO News -
..David Berdan has been appointed USPTO’s General Counsel. As General Counsel, Mr. Berdan will serve as the principal legal advisor to the Director. He will also supervise the Office of General Counsel and...more
USPTO News -
..USPTO releases report on artificial intelligence and intellectual property policy.
..Mary Critharis has been appointed the USPTO’s Acting Chief Policy Officer and Director for International Affairs. Ms....more
11/3/2020
/ Continuing Legal Education ,
Domain Name Registration ,
Final Rules ,
Patent Trial and Appeal Board ,
Patents ,
Proposed Rules ,
Trademark Examination Guide ,
Trademarks ,
United States Patent and Trademark Office v Booking.com BV ,
USPTO ,
World Intellectual Property Organisation
USPTO News -
..USPTO launches National Council for Expanding American Innovation (NCEAI)
..The PTAB has added an online form to the USPTO website that allows any member of the public to nominate any PTAB decision for...more
On December 20, 2019, the Precedential Opinion Panel (POP) of the Patent Trial and Appeal Board (PTAB) issued its decision in IPR2018-01039, addressing “What is required for a petitioner to establish that an asserted...more
1/13/2020
/ Administrative Appeals ,
Final Written Decisions ,
Hulu ,
Inter Partes Review (IPR) Proceeding ,
Litigation Strategies ,
Obviousness ,
Patent Trial and Appeal Board ,
Patents ,
Pleading Standards ,
Precedential Opinion ,
Preponderance of the Evidence ,
Printed Publications ,
Prior Art ,
PTAB Precedential Opinion Panel (POP) ,
Totality of Evidence
An important set of factors the Patent Trial and Appeal Board considers when deciding whether to institute inter partes review concerns the filing of multiple petitions challenging the same patent. Part I of this two-part...more
In view of the increasing number of petitions for inter partes review filed before the Patent and Trial Appeal Board since its inception more than six years ago, the PTAB has increased its scrutiny of so-called “serial”...more
On February 7, 2019, in Momenta Pharmaceuticals, Inc. v. Bristol-Myers Squibb Company, the Federal Circuit dismissed an appeal brought by a petitioner in an inter partes review (IPR) for lack of standing and mootness because...more
2/13/2019
/ Article III ,
Biosimilars ,
Bristol-Myers Squibb ,
Inter Partes Review (IPR) Proceeding ,
Momenta ,
Mootness ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Standing
The legal landscape for the automotive sector continued its evolution in 2018 with the development of new technology becoming a focal point for litigation, patenting and regulation. As we did at the close of 2017, we look...more
1/16/2019
/ Automotive Industry ,
Defend Trade Secrets Act (DTSA) ,
Design Patent ,
Driverless Cars ,
Intellectual Property Protection ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Post-Grant Review ,
Regulatory Standards ,
Technology ,
Trade Secrets
The USPTO has issued updated guidance for examiners and administrative patent judges (APJs) relating to subject matter eligibility under 35 U.S.C. 101 and examining computer-implemented functional claim limitations under 35...more
1/11/2019
/ Abstract Ideas ,
Administrative Patent Judges ,
Alice Corporation ,
Claim Construction ,
Computer-Related Inventions ,
Guidance Update ,
Mayo v. Prometheus ,
Means-Plus-Function ,
Patent-Eligible Subject Matter ,
Patents ,
Section 101 ,
USPTO
This is the second in a series of five articles written by WilmerHale discussing how the emergence of IoT technologies will impact the automotive industry. The first article, ‘‘The Developing Landscape of Internet of Things...more
11/21/2018
/ Automotive Industry ,
CLS Bank v Alice Corp ,
Connected Cars ,
Data Collection ,
Data-Sharing ,
Drivers ,
Innovation ,
Intellectual Property Protection ,
Internet of Things ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Patents ,
Technology Sector ,
Transportation Industry
On August 13, the Patent Trials and Appeal Board (PTAB or Board) published updates to the AIA Trial Practice Guide (the TPG Update). The TPG Update is a supplement to the original Trial Practice Guide (TPG), which the PTAB...more
On October 3, the Office of Information and Regulatory Affairs (OIRA) completed its review of the US Patent and Trademark Office’s (USPTO) proposed new rule regarding changing the claim construction standard applied in...more
Six years after the America Invents Act created inter partes review proceedings, patent disputes increasingly involve parallel litigation, with at least one inter partes review proceeding in tandem with district court...more
The U.S. Supreme Court on April 24 issued its decision in the closely watched patent case Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, 138 S. Ct. 1365 (2018). The case addressed a constitutional challenge to...more
The Supreme Court today decided two important cases involving patent rights and inter partes review at the US Patent and Trademark Office (PTO). Both cases affirm the importance of Post-Grant Proceedings as a part of an...more
4/25/2018
/ Administrative Proceedings ,
America Invents Act ,
Article III ,
Constitutional Challenges ,
Inter Partes Review (IPR) Proceeding ,
Oil States Energy Services v Greene's Energy Group ,
Patent Trial and Appeal Board ,
Patents ,
Post-Grant Review ,
SAS Institute Inc. v Iancu ,
SCOTUS ,
Seventh Amendment ,
USPTO
This has been a year in which automotive technology and the legal issues surrounding it have come increasingly to the forefront, both in legal circles and public perception. Given the many new entrants in the autonomous...more
12/26/2017
/ Automotive Industry ,
Connected Cars ,
Department of Transportation (DOT) ,
Design Patent ,
DRIVE Act ,
Driverless Cars ,
Motor Vehicles ,
NHTSA ,
Patents ,
Technology Sector ,
USPTO
In the U.S. Court of Appeals for the Federal Circuit’s recent en banc decision in Aqua Products, a deeply fractured court provides a glimpse into the perspectives that some of the judges have on post-grant practice at the...more
11/21/2017
/ Appeals ,
Burden of Persuasion ,
Burden of Production ,
Burden of Proof ,
Chevron Deference ,
Claim Amendments ,
Inter Partes Review (IPR) Proceeding ,
Motion to Amend ,
Patent Ownership ,
Patent Trial and Appeal Board ,
Patents ,
Post-Grant Review ,
Remand ,
USPTO
The Court of Appeals for the Federal Circuit (Federal Circuit), the reviewing court for the decisions issued by the Patent Trial and Appeal Board (Board), has handled over 1,000 appeals from the Board on patent trials...more
Privity and real party-in-interest (RPI) issues have become important, sometimes case determinative, for petitioners filing post-grant challenges such as inter partes reviews and covered business method reviews. The U.S....more
The America Invents Act (AIA) was enacted into law on Sept. 16, 2011, and the U.S. Patent and Trademark Office implemented rules for governing the inter partes review, post-grant review, transitional program for covered...more
9/1/2015
/ America Invents Act ,
Broadest Reasonable Interpretation Standard ,
Comment Period ,
Covered Business Method Proceedings ,
Inter Partes Review (IPR) Proceeding ,
Motion to Amend ,
Obviousness ,
Patents ,
Post-Grant Review ,
Proposed Regulation ,
Real Party in Interest ,
USPTO