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
John Squires, President Trump’s nominee for Director of the United States Patent and Trademark Office (USPTO) testified before the Senate Judiciary Committee on May 21, his first hearing since being nominated. Squires’...more
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
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
Fish & Richardson’s 2024 Post-Grant Report takes a deep dive into the cases, trends, and statistics that shaped Patent Trial and Appeal Board (PTAB) practice throughout the year and how they might affect practitioners going...more
3/7/2025
/ Appeals ,
Final Rules ,
Inter Partes Review (IPR) Proceeding ,
Patent Fees ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Post-Grant Review ,
Prior Art ,
Rulemaking Process ,
USPTO
On February 28, 2025, the United States Patent and Trademark Office announced that it has rescinded the June 21, 2022, memorandum about discretionary denials in Patent Trial and Appeal Board (PTAB) post-grant proceedings with...more
3/3/2025
/ America Invents Act ,
Apple ,
Final Written Decisions ,
Intellectual Property Litigation ,
Inter Partes Review (IPR) Proceeding ,
International Trade Commission (ITC) ,
New Guidance ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Post-Grant Review ,
USPTO
On November 20, the United States Patent and Trademark Office (USPTO) issued a final rule adjusting patent fees beginning in 2025. According to the Office, the new fee schedule will increase fee collections by approximately...more
Over the past 20 years, the Federal Circuit’s opinion in SuperGuide Corp. v. DirectTV Enters., Inc., 358 F.3d 870 (Fed. Cir. 2004), which defined the plain and ordinary meaning of the phrase “at least one of” followed by a...more
On October 6, the United States Patent and Trademark Office issued a Notice of Proposed Rulemaking regarding pre-issuance internal circulation and review of decisions of the Patent Trial and Appeal Board. The Office also...more
On April 21, the United States Patent and Trademark Office issued advance notice of proposed rulemaking concerning changes to America Invents Act proceedings before the Patent Trial and Appeal Board. Most of the changes under...more