On May 1, 2025, Senators Chris Coons (D-DE), Thom Tillis (R-NC), Dick Durbin (D-IL), and Mazie Hirono (D-HI) reintroduced the Promoting and Respecting Economically Vital American Innovation Leadership (PREVAIL) Act. The...more
6/9/2025
/ Administrative Procedure ,
America Invents Act ,
Intellectual Property Litigation ,
Inter Partes Review (IPR) Proceeding ,
International Trade Commission (ITC) ,
National Security ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Post-Grant Review ,
Proposed Legislation ,
USPTO
Last week, the Patent Trial and Appeal Board (PTAB) issued a list of FAQs related to the new bifurcated process for discretionary denial established in the March 26 memorandum issued by Acting Director Stewart. The FAQs...more
4/28/2025
/ Administrative Procedure ,
Administrative Proceedings ,
America Invents Act ,
Director of the USPTO ,
Expert Testimony ,
Filing Deadlines ,
Inter Partes Review (IPR) Proceeding ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Post-Grant Review ,
Prior Art ,
USPTO
United States Patent and Trademark Office (USPTO) Director Kathi Vidal had a busy end to her summer, issuing six decisions as part of the Director Review process between July 10 and August 22. In the six decisions, the...more
10/16/2024
/ Administrative Procedure ,
Administrative Review ,
America Invents Act ,
Claim Construction ,
Final Rules ,
Inter Partes Review (IPR) Proceeding ,
Notice Requirements ,
Patent Trial and Appeal Board ,
Patents ,
Post-Grant Review ,
Precedential Opinion ,
Prior Art ,
Sanctions ,
Time-Barred Claims ,
USPTO
Director Review at the Patent Trial and Appeal Board (PTAB) remains a hot topic in patent law. The Director first established an interim process for Director Review in the wake of the Supreme Court’s 2021 decision in United...more
7/31/2024
/ Administrative Procedure ,
Advisory Committee ,
Inter Partes Review (IPR) Proceeding ,
NPRM ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Post-Grant Review ,
SCOTUS ,
Standard of Review ,
Sua Sponte ,
United States v Arthrex Inc ,
USPTO
One year ago, the United States Patent and Trademark Office (USPTO) issued an Advance Notice of Proposed Rulemaking (ANPRM) that set forth several ideas related to America Invents Act (AIA) proceedings before the Patent Trial...more
4/23/2024
/ Administrative Procedure ,
Advanced Notice of Proposed Rulemaking (ANPRM) ,
America Invents Act ,
Inter Partes Review (IPR) Proceeding ,
NPRM ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Post-Grant Review ,
Prior Art ,
USPTO