News & Analysis as of August 4, 2025

Administrative Proceedings

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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 -

PTAB Issues FAQs on Interim Process for Workload Management

Fish & Richardson on 4/28/2025

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

Fed. Cir. Rejects New IPR Constitutional Challenges

Jones Day on 10/26/2021

In Mobility Workx, LLC v. Unified Patents, LLC, the Federal Circuit in a split decision concluded that Mobility Workx, LLC’s constitutional challenges to structure and funding of the Patent Trial and Appeal Board (“PTAB”) are...more

Motion to Amend Pilot Program Extended

Jones Day on 9/21/2021

The United States Patent and Trademark Office (USPTO) announced plans for the Patent Trial and Appeal Board (PTAB) to extend the Motion to Amend (MTA) pilot program. This program provides additional options for a patent owner...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

PTAB Strategies and Insights - January 2020: Chaos All Around - Arthrex and Alice

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 2/5/2020

The only real answers we are hearing from the patent community is that no one knows what to do or what might happen next --- post Arthrex. As a quick reminder – the Federal Circuit ruled (1) the current PTAB judges were...more

PTAB Strategies and Insights - October 2019: Graphical Snapshot of Supplemental Examination

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 11/5/2019

Supplemental Examination was born out of fixing potential inequitable conduct issues before they are raised in a court proceeding. 35 U.S.C. § 257(a); 27 CFR § 1.601; M.P.E.P. § 2800. The stated goal is to improve patent...more

Inter Partes Review of Pre-AIA Patents is Constitutional

Troutman Pepper Locke on 8/1/2019

Celgene Corp. v. Peter, Appeal Nos. 2018-1167, -1168, -1169 (Fed. Cir. July 30, 2019) - Celgene owned two patents that pertained to methods of safely distributing potentially hazardous drugs. The patents were challenged...more

PTAB Strategies and Insights - February 2019

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 2/25/2019

The PTAB Strategies and Insights newsletter provides timely updates and insights into how best to handle proceedings at the USPTO. It is designed to increase return on investment for all stakeholders looking at the entire...more

PTAB Strategies and Insights - November 2018: The Growing Influence of Post-Grant Proceedings in Section 337 Investigations

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 12/3/2018

Since the passage of the Leahy-Smith America Invents Act (AIA), post-grant proceedings at the U.S. Patent and Trademark Office (USPTO) are interacting more with Section 337 investigations at the International Trade Commission...more

Recent Update on Patent Trial Practice Guide

Knobbe Martens on 9/4/2018

The United States Patent and Trademark Office (USPTO) published an update to the AIA Trial Practice Guide (‘‘Trial Practice Guide’’) in August 2018 to revise guidance on practices before the Patent Trial and Appeal Board...more

SAS Institute Follow-Up: New PTAB Procedures and Strategies

Latham & Watkins LLP on 5/11/2018

The PTAB’s new guidance in light of a recent Supreme Court ruling changes the dynamics for patent owners and petitioners. Key Points: ..Partial institutions are no longer permitted. The PTAB will review all petitioned...more

Patent System after Oil States and SAS – What’s the future?

Foley & Lardner LLP on 5/7/2018

On April 24th, the Supreme Court decided two important cases related to the United States Patent & Trademark Office’s inter partes review (IPR) proceedings for reconsidering the prior grant of a patent – Oil States Energy...more

[Webinar] Supreme Court Issues Decisions in Oil States and SAS Cases: A Discussion of the Impact on Patent Law and Inter Partes...

BakerHostetler on 5/1/2018

This timely and fast-moving webinar provides insight for business leaders and legal counsel on the recently issued Supreme Court decisions in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC and SAS Institute...more

Stayin' alive: What’s next for IPRs after Oil States and SAS

Eversheds Sutherland (US) LLP on 4/30/2018

On April 24, 2018, the US Supreme Court decided two important cases that directly impact inter partes reviews (IPRs) before the Patent Trial and Appeal Board (PTAB), and patent litigation as a whole. In Oil States Energy...more

SCOTUS Upholds IPRs as Constitutional, May Leave Opening for Challenges to Certain IPRs

Fenwick & West LLP on 4/27/2018

Is inter partes review of a patent grant compatible with Article III and the Seventh Amendment? That was the question presented in Oil States Energy Services v. Greene’s Energy Group, and the U.S. Supreme Court this week...more

Supreme Court Rulings Increase the PTAB’s Importance

Latham & Watkins LLP on 4/27/2018

Oil States preserved the PTAB, and SAS Institute makes it a more important venue for patentability challenges. Key Points: ..IPR and other post-grant proceedings before the PTAB will continue. ..However, the PTAB may...more

How the U.S. Supreme Court Ruled on Inter Partes Review and What It Means for Future Patent Challenges

Parker Poe Adams & Bernstein LLP on 4/26/2018

The U.S. Supreme Court ruled Tuesday on two closely monitored cases impacting how patents could be challenged. In the more high-profile case, the court upheld the constitutionality of the inter partes review (IPR) process...more

Supreme Court Issues Two Decisions Impacting Practice Before the Patent Trial and Appeal Board

Wilson Sonsini Goodrich & Rosati on 4/25/2018

Today, the U.S. Supreme Court issued two decisions that will keep the Patent Trial and Appeal Board (PTAB) busier than ever. In Oil States Energy Services, LLC v. Greene's Energy Group, LLC,1 the Court affirmed that inter...more

Supreme Court: Patent Office Retains IPR Authority, Loses Discretion to Streamline Proceedings

Stoel Rives LLP on 4/25/2018

Today (April 24, 2018), the U.S. Supreme Court released two important decisions regarding the authority of the U.S. Patent and Trademark Office (“PTO”) to conduct Inter Partes Review (“IPR”) proceedings. IPRs, an...more

Breaking IP News: US Supreme Court Issues Landmark Decisions in Oil States and SAS

Schwabe, Williamson & Wyatt PC on 4/25/2018

LATEST FROM THE SUPREME COURT - We issue today’s special edition of Fresh from the Bench to summarize two important precedential decisions issued this morning by the Supreme Court. Both cases concern inter partes reviews,...more

U.S. Supreme Court Upholds Constitutionality of Patent Inter Partes Review

Bass, Berry & Sims PLC on 4/25/2018

On Tuesday, April 24, the U.S. Supreme Court handed down two highly anticipated decisions that significantly impact inter partes review (IPR) proceedings before the Patent Trial and Appeal Board (PTAB). The Supreme Court's...more

US: Supreme Court hears argument on constitutionality of inter partes review

Hogan Lovells on 12/4/2017

On November 27, 2017, the Supreme Court heard oral arguments in a case that will determine the constitutionality of inter partes review, a proceeding before the United States Patent and Trademark Office’s Patent Trial and...more

Supreme Court to Consider Constitutionality of AIA Inter Partes Review Proceedings

Snell & Wilmer on 6/15/2017

The Supreme Court has granted a writ of certiorari challenging the constitutionality of inter partes review proceedings conducted by the United States Patent and Trademark Office under the America Invents Act. The Court’s...more

Federal Circuit Requires Standing to Appeal PTAB’s Final Decisions

Weintraub Tobin on 1/20/2017

Although arguably foreshadowed, some may be surprised to learn that a party with the right to challenge the validity of a patent at the United States Patent and Trademark Office (“USPTO”) may not have the right to appeal an...more

Aqua Products En Banc Hearing Reveals Further Administrative Law Issues

Fish & Richardson on 12/16/2016

On December 9, 2016, the Federal Circuit held an en banc hearing in In re Aqua Products. As noted earlier, one of the questions posed for en banc review had a distinctly administrative law tone. That question asked whether...more

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America Invents Act › Patent Litigation › Administrative Proceedings

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