The recent In re Cellect decision by the Federal Circuit1 is significant for patent owners who have obtained patent-term adjusted patents in the same patent family. The court held that term-adjusted patents can be potentially...more
The USPTO recently proposed a major change to terminal disclaimer practice, which can have huge potential impacts. Watch our Legal Alert for more on how to navigate this proposed rule change.
* The opinions expressed are...more
Volvo Penta of the Americas, LLC v. Brunswick Corporation (2022-1765, Decided August 24, 2023) -
Patent litigators are well aware of the challenges of overcoming the substantial evidence standard on appeal from an adverse...more
The USPTO issued Revised Interim Guidelines today on the process for requesting Director Review of PTAB decisions. Since the U.S. Supreme Court’s decision in United States v. Arthrex, 141 S.Ct. 1970 (2021), which held that...more
Kilpatrick Townsend attorneys Allison Dobson, Nicki Kennedy, and Troy Petersen recently presented “PTAB Update: Recent Developments in IPR and PGR Practice” at the firm’s Kilpatrick Townsend Intellectual Property Seminar...more
Kilpatrick Townsend partner Nicki Kennedy and counsel Troy Petersen recently presented “Strategically Using Appeals to the PTAB” at the firm’s three-day CLE & Ski Series, KT Intellectual Property Seminar (KTIPS), in...more
37 C.F.R. § 42.71(a) provides that “The Board…may grant, deny, or dismiss any petition or motion” but does not provide other specifics. The Board therefore has broad discretion in considering requests to withdraw...more
The Patent Trial and Appeal Board has issued its Guidance on Motions to Amend in view of the Federal Circuit’s long-awaited Aqua Products decision. In that splintered ruling, the Federal Circuit addressed the burden of proof...more