LexisNexis® Legal Newsroom
Scott A. McKeown
PTAB Considers Single Judge Pilot Program

Pilot Program to Limit APJ Review For IPR Institution As promised in last week's rule package , a second Federal Register Notice ( here ) has issued from the USPTO's Patent Trial & Appeal Board (PTAB). This Notice, entitled: Request for...

Kenyon & Kenyon LLP
Federal Circuit Affirms PTAB in First Decision on an Appeal of America Invents Act Business

by K. Patrick Herman and Christopher W. Glynn Digest of Versata Dev. Group, Inc. v. SAP Am., Inc. , No 2014-1194 (Fed. Cir. July 9, 2015) (precedential) [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ]. On...

Scott A. McKeown
Plaintiffs Beware: PTAB Fee Awards Might Be Headed Your Way

PTAB + Octane Fitness = Problem Back in 2014, I explained that the recent shift in exceptional case analysis under Octane Fitness, LLC v. ICON Health & Fitness, Inc . and Highmark Inc. v. Allcare Health Mgmt. Sys ., would provide opportunity...

Scott A. McKeown
PTAB Issues Rule Long Awaited Rules Package

Expected Changes to Patentee Preliminary Response Among Noteworthy Changes The USPTO has now published its promised Patent Trial & Appeal Board (PTAB) Rule Package (advance copy here ). The proposed changes are largely expected given the d iscussion...

Foley & Lardner LLP
USPTO Proposes Extensive Changes to AIA Post-Grant Proceedings

by Stephen B. Maebius Yesterday, the USPTO released a 113-page set of proposed changes to AIA post-grant proceedings, including IPR, PGR and CBM proceedings. The USPTO has been attempting to address concerns expressed by the public, having implemented...

Fitch, Even, Tabin & Flannery
Federal Circuit Expands Law Liability Regarding Divided Infringement

On August 13, 2015, the U.S. Court of Appeals for the Federal Circuit sitting en banc in Akamai Technologies, Inc. v. Limelight Networks, Inc. , expanded the law of divided infringement under 35 U.S.C. § 271(a) to include at least two new activities...