Intellectual Property

Recent Posts

Single APJ Pilot Comment Period Extended
Posted on 28 Oct 2015 by Scott A. McKeown

Public Comment Period Extended until November 18th The USPTO published a request for comments in the Federal Register on August 25, 2015, seeking public comment on a proposed pilot program exploring an alternative approach to institution decisions... Read More

Patents Post-Grant: Notable Changes in the Final Patent Trial & Appeal Board Rules
Posted on 20 Aug 2012 by Scott A. McKeown

Final Rules Modified to Address Most Common Criticisms Yesterday's [August 14th] printing of the final rules to implement the post grant patent proceedings of the AIA is the culmination of well over a years worth of intensive, and tireless effort... Read More

PTAB Expanded Panel Reverses Field on Issue Joinder
Posted on 19 Feb 2015 by Scott A. McKeown

Issue Joinder within Statute, Matter of Agency Discretion At the outset of this year, I explained how Target Corp. v. Destination Maternity Corp (IPR2014-00508) was one of five Patent Trial & Appeal Board (PTAB) decisions that changed post-grant... Read More

Patents Post-Grant: Pro Hac Vice Policy of the New Patent Trial & Appeal Board
Posted on 8 May 2012 by Scott A. McKeown

PTAB To Exercise Discretion Relative to Non-registered Practitioners The new post grant patent proceedings of the America Invents Act (AIA) are adjudicative in nature. That is to say, Derivation, Inter Partes Review (IPR) and Post Grant Review (PGR... Read More

A Philips Construction at the PTAB Will Halt Patent Litigation
Posted on 10 Mar 2015 by Scott A. McKeown

Patentees: Be Careful What You Wish For...You Just Might Get It Since the passage of the America Invents Act (AIA), the debate has raged as to whether or not the Patent Trial & Appeal Board (PTAB) should apply the broadest reasonable claim interpretation... Read More

Patents Post-Grant: Will Patentees File Preliminary Responses to Post Grant Challenges?
Posted on 4 Apr 2012 by Scott A. McKeown

Added Rebuttal Opportunity of Limited Value to Patentees When faced with a third party request for either ex parte patent (EXP) reexamination or inter partes patent (IPX) reexamination, a Patentee must sit helplessly by and await the determination... Read More