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Mechanics of COVID-19 Vaccine IP Waiver in View of Trade-Related Aspects of IP Rights

The Biden-Harris administration announced on May 5 its intent to support a waiver on intellectual property protections on COVID-19 vaccines. The scope of any potential waiver is subject to further negotiation at the World...more

PTAB’s Trial Practice Guide Update: Implications for Parties Moving Forward

The first update to the Patent Trial and Appeal Board Trial Practice Guide includes guidance that will benefit both petitioners and patent owners, from updates regarding expert testimony and motions to exclude and to strike,...more

PTAB Declines to Vacate Final Written Decision in Inter Partes Review Despite Settlement

Settling an inter partes review after a final written decision by the Patent Trial and Appeal Board may not result in the PTAB vacating the decision....more

In IPRs, Petitioner Must Show Claim Amendments Unpatentable

A recent Federal Circuit ruling shifts the burden to petitioners, which will likely lead to patent owners filing more motions to amend....more

Federal Circuit Extends Prosecution Disclaimer to IPR Proceedings

The Federal Circuit recently held as a matter of first impression that statements made by a patent owner during an IPR proceeding can be considered for claim construction and relied upon to support a finding of prosecution...more

2017 PTAB Digest: The Latest Trends and Developments in Post-Grant Proceedings

Recent patent reform legislation, rule changes, and court rulings are expected to have a significant impact on the strategies of both patent owners and petitioners....more

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