News & Analysis as of August 31, 2025

International Trade Commission (ITC)

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The Leahy-Smith America Invents Act is a United States federal statute enacted in 2011 aimed at simplifying the U.S. patent system and allowing inventions to be brough to market sooner. The AIA makes significant changes to the patent system, including changing from a first-to-invent scheme to a first-to-file scheme, eliminating interference proceedings and developing post-grant opposition. less -

Navigating the PREVAIL Act: Key Impacts on Litigants as It Advances in the Senate

Pillsbury Winthrop Shaw Pittman LLP on 1/17/2025

The PREVAIL Act is now subject to debate before the full Senate. The Act will require petitioners to certify standing, two new categories of which were recently added via a manager’s amendment....more

2021 PTAB Year in Review: Analysis & Trends

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 3/7/2022

[co-author: Jamie Dohopolski] Love it or hate it, ignore the USPTO Patent Trial and Appeal Board (PTAB) at your peril. The introduction of the PTAB as part of the America Invents Act over ten years ago has forever changed...more

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2021 Decisions

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 2/9/2022

[co-author: Jamie Dohopolski] Last year, the continued global COVID-19 pandemic forced American courts to largely continue the procedures set in place in 2020. The U.S. Court of Appeals for the Federal Circuit was no...more

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2020 Decisions

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 2/3/2021

[co-author: Kathleen Wills] Last year, the global COVID-19 pandemic created unprecedented challenges for American courts. By making several changes, however, the U.S. Court of Appeals for the Federal Circuit was able to...more

IPR Goes Forward Despite Late Stage Parallel ITC Investigation

Jones Day on 10/3/2019

Since their inception as part of the AIA, inter partes reviews (IPRs) have been a favorite tool in the arsenal of patent challengers. Their statutorily mandated 18-month schedule oftentimes allows the PTAB to resolve a...more

A Uniform Standard for Interpreting Claims

Ward and Smith, P.A. on 11/9/2018

On October 11, 2018, the United States Patent and Trademark Office ("USPTO'') issued revised rules for claim construction. The rules will take effect on November 13, 2018. The new rules mandate that the claim...more

PTAB Adopts Phillips Standard for Claim Construction in AIA Proceedings

Knobbe Martens on 11/1/2018

On October 11, 2018, the USPTO published a Final Rule in the Federal Register, adopting a new standard for interpreting claims in trial proceedings before the patent trial and appeal board (PTAB)....more

Changes to PTAB’s Claim Construction Standard - Intellectual Property News

Bradley Arant Boult Cummings LLP on 10/16/2018

On October 10, 2018, the United States Patent and Trademark Office (USPTO) announced that it will issue a final rule changing the claim construction standard for interpreting claims in inter partes review (IPR), post-grant...more

PTAB Adopts the Phillips Claim Construction Standard in AIA Proceedings

Mintz - Intellectual Property Viewpoints on 10/12/2018

Today the Patent Trial and Appeal Board announced a final rule changing the claim construction standard for interpreting claims in inter partes review (“IPR”), post-grant review (“PGR”), and covered business method patent...more

New Proposal Would Create Consistent Standard Between USPTO and District Courts for Interpreting Patent Claims

Parker Poe Adams & Bernstein LLP on 5/14/2018

On May 8, the United States Patent and Trademark Office (USPTO) announced a proposed change to how it will handle challenges to patents. In essence, the proposal would result in a consistent claim construction standard...more

USPTO Proposes Claim Construction Rule Change from BRI to Philips in AIA Review Proceedings

Mintz - Intellectual Property Viewpoints on 5/9/2018

The U.S. Patent and Trademark Office announced a propose change to the standard for construing both unexpired and amended patent claims in Patent Trial and Appeal Board (PTAB) proceedings under the America Invents Act...more

Is The PTAB Bound By A Previous Federal Circuit Claim Construction?

Jones Day on 3/13/2018

In previous posts, we have discussed whether the PTAB and the district courts can reach different conclusions on the same issue. In those instances, the Federal Circuit held they can, because the standards applicable at the...more

Senate’s STRONGER Patents Act Aims to Address Key PTAB Patent Owner Woes

Jones Day on 7/4/2017

On June 21, Senators Chris Coons (D-Del), Tom Cotton (R-Ark), Dick Durbin (D-Ill), and Mazie Hironoa (D-Hawaii) introduced the “Support Technology & Research for Our Nation’s Growth and Economic Resilience Patents Act of...more

Intellectual Property Newsletter -August 2016

A&O Shearman on 8/22/2016

Shearman & Sterling’s IP litigation team has published its quarterly newsletter. The newsletter covers a number of current IP topics, including a look at the America Invents Act, five years in; the U.S. International Trade...more

IP Update, Vol. 15, No. 12, December 2012

McDermott Will & Emery on 12/28/2012

In This Issue: Patents - ..Federal Circuit Rules It’s Own Standards Apply When Considering Preliminary Injunctions ..Preliminary Testing of Medical Devices in Animals Enables Their Use in Humans ...more

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