Supreme Court Holds IPR Patent Challenges Constitutional

April, 24th, 2018

By Dov Hirsch   Today, the U.S. Supreme Court has issued two important patent related decisions regarding Inter Partes Reviews (“IPR”) under the America Invent Act. In Oil States Energy Services, LLC V. Greene’s Energy Group, [Read More…]

PTAB Persistence Doesn’t Always Pay

December, 12th, 2017

By Benjamin N. Luehrs In a recent precedential opinion, the PTAB adopted a seven-factor test for determining whether to institute a “follow-on” IPR petition.[1] Follow-on petitions seek to invalidate the same claims as a previous IPR [Read More…]

Once is Enough: Assessing Previously-Used Prior Art and Arguments at the PTAB

January, 10th, 2017

By Robert D. Keeler Under the AIA, the PTAB can deny institution of an IPR, CBM, or PGR because “the same or substantially the same prior art or arguments previously were presented to the Office.” [Read More…]

Federal Circuit Severely Limits Patents Eligible for CBM Review

November, 22nd, 2016

By Michael J. Kosma, Michael A. Lavine On November 21, the United States Court of Appeals for the Federal Circuit held that the United States Patent and Trademark Office (“USPTO”) had improperly expanded the definition [Read More…]

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