News & Analysis as of July 13, 2025

Administrative Law Judge (ALJ)

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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 -

Speculation of Harm Isn’t Standing: Not Every Adverse Board Decision Is Ticket to Appeal

McDermott Will & Emery on 6/12/2025

After assessing whether a patent owner had standing to appeal the Patent Trial & Appeal Board’s final written decision, the US Court of Appeals for the Federal Circuit found no injury in fact to support Article III...more

RULEMAKING: PTO Aims for Transparency, Judicial Independence at PTAB

Jones Day on 11/20/2023

On October 6, 2023, the United States Patent and Trademark Office (“USPTO”) issued a Notice of Proposed Rulemaking (“NPR”) making changes to the Patent Trial and Appeal Board’s (“PTAB”) internal circulation and review of...more

PGR Estoppel Continues to be Broad and Onerous

Jones Day on 3/24/2022

An ITC Administrative Law Judge (ALJ) recently issued an initial determination holding that PGR estoppel prevented GMG Products LLC (Respondent) from raising two prior-art products in the ITC....more

Federal Circuit Holds That the PTAB Does Not Have an Impermissible Incentive to Institute IPRs

Knobbe Martens on 10/14/2021

MOBILITY WORKX, LLC v. UNIFIED PATENTS, LLC Before Newman, Schall, and Dyk. Appeal from the Patent Trial and Appeal Board. Summary: Fee-funded structure of AIA review proceedings does not violate due process....more

PTAB Strategies and Insights - September 2018: Best Strategies for ITC Respondents When Considering a PTAB Action

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 9/26/2018

When faced with allegations of patent infringement at the International Trade Commission (ITC), a respondent must quickly evaluate whether or not to request an AIA review (hereinafter, inter partes review for convenience) at...more

Is the International Trade Commission the Most Patent-Friendly Venue with a Complainant Success Rate Near 90%?

Foley & Lardner LLP on 4/27/2018

There are many advantages to pursuing relief for patent infringement in the International Trade Commission (ITC) compared to U.S. district court, but one that receives little attention is the success rate for complainants...more

Patent Day at the Supreme Court

Dorsey & Whitney LLP on 4/25/2018

Today the Supreme Court re-affirmed the validity of the Inter Partes Review (IPR) process in Oil States Energy LLC v. Greene’s Energy Group, LLC, but also made IPRs a somewhat more stringent process in its decision today in...more

PTAB Concurrence Provides Guidance on Burden of Proof for Claim Amendments

McDermott Will & Emery on 2/5/2018

In a final written decision, the Patent Trial and Appeal Board (PTAB) allowed a patent owner to amend one of the challenged claims. In a concurring opinion, Administrative Patent Judge (APJ) Fitzpatrick explained that the...more

2017-18 Supreme Court Update

Skadden, Arps, Slate, Meagher & Flom LLP on 1/29/2018

In the 2017-18 term, the U.S. Supreme Court will decide a number of potentially significant disputes relevant to businesses, including those involving constitutional protections, class actions and other corporate liability...more

Life, Liberty, and…IPRs? SCOTUS to Weigh in on Constitutionality of Inter Partes Review Proceedings

BCLP on 6/13/2017

Today, the Supreme Court granted certiorari in Oil States Energy Services v. Greene’s Energy Group, No. 16-712 (June 12, 2017), to decide whether post-grant proceedings created under the America Invents Act (“AIA”) are...more

USPTO Implementation of AIA Does Not Violate Due Process: Federal Circuit Affirms the PTAB Panel Determining Institution of an IPR...

Mintz - Intellectual Property Viewpoints on 1/18/2016

In Ethicon Endo-Surgery, Inc. v. Covidien LP, a 2-1 panel split of the Federal Circuit held that neither the American Invents Act (“AIA”) nor the Constitution precludes the same panel of the Patent Trial & Appeal Board...more

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America Invents Act › Inter Partes Review (IPR) Proceeding › Administrative Law Judge (ALJ)

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