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
The United States Patent and Trademark Office (USPTO) has recently made several significant changes that are reshaping discretionary denials at the Patent Trial and Appeal Board (PTAB). ...more
Over the past two years, Director Vidal has issued two Director Review decisions related to the proper use of Applicant Admitted Prior Art (AAPA) in Patent Trial and Appeal Board (PTAB) proceedings. In both cases, Director...more
2023 was a busy year at the Patent Trial and Appeal Board, as post-grant practice continued to evolve at a rapid pace. At the United States Patent and Trademark Office, there were big developments in Director Review and...more
1/19/2024
/ Administrative Procedure Act ,
Advanced Notice of Proposed Rulemaking (ANPRM) ,
Estoppel ,
Inter Partes Review (IPR) Proceeding ,
Obviousness ,
Parallel Claims ,
Patent Invalidity ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Petitioner Reply Briefs ,
Post-Grant Review ,
Precedential Opinion ,
Prior Art ,
Proposed Guidance ,
USPTO
The complex nature of modern patent litigation has meant that multiple defendants often have interests that align around a single portfolio of patents. This inevitably results in one or more post-grant challenges. The natural...more