On May 5th, the Board designated an order regarding discretionary denial precedential. Apple v. Fintiv, Inc, IPR2020-00019, Paper 11 (P.T.A.B. Mar. 20, 2020) (precedential). In the two months since that designation, more than...more
In one of the first decisions to address the scope of post-grant review (“PGR”) estoppel under 35 U.S.C. §325(e)(2), the Eastern District of Texas recently found that the statute means what it says. GREE, Inc. V. Supercell...more
In a case decided yesterday, the Federal Circuit found that the Board abused its discretion by denying Honeywell’s request to file a motion for leave to file a certificate of correction. Honeywell International Inc. v. Arkema...more
Kilpatrick Townsend Partners John Alemanni, Wab Kadaba, and Tina McKeon recently presented on the latest developments and precedential proceedings regarding post grant proceedings.
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The Supreme Court issued two decisions today in the cases of Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, et al., and SAS Institute Inc. v. Iancu, addressing inter partes review (IPR). In Oil States, the...more
4/25/2018
/ 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 ,
SCOTUS ,
Seventh Amendment ,
USPTO
The Patent Trial and Appeal Board (“PTAB”) recently issued a Standard Operating Procedure (“SOP”) for remands from the Federal Circuit. Remands of America Invents Act trials (IPR, CBM, and PGR) and ex parte and reexamination...more
Kilpatrick Townsend’s John Alemanni, Allison Dobson, Matthew Holohan, and Wab Kadaba recently presented on navigating the Post-Grant landscape. Here are three key takeaways from their presentation.
The STRONG Patents Act...more
In 2012, the American Invents Act created Inter Partes review (“IPR”) and related proceedings that allowed parties to request that the Patent Office institute a trial to determine the patentability of issued claims. Over the...more