On April 19, 2024, the United States Patent and Trademark Office (USPTO) issued a notice of proposed rulemaking (NPRM) that proposes rules regarding the exercise of discretion to determine whether to institute an Inter Partes...more
On April 16, 2024, the United States Patent and Trademark Office (USPTO) issued a notice of proposed rulemaking (NPRM) regarding Director Review of Patent Trial and Appeal Board (PTAB) decisions in America Invents Act (AIA)...more
Federal trade secret litigation can be as costly and complex as patent litigation. Unlike patent litigation, however, there has been virtually no appellate guidance on the meaning and scope of the Defend Trade Secrets Act in...more
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
The inter partes review estoppel provision (35 U.S.C. § 315(e)) says that a petitioner (or real party in interest) in an IPR that results in a final written decision on a patent claim may not assert validity in a U.S. Patent...more