LexisNexis® Legal Newsroom
PTAB Quickly Becomes Busiest Patent Court in U.S.

AIA Alternatives to Patent Litigation Prove Wildly Popular It’s hard to believe that it has only been 10 months since September 16, 2012. On that date, the new patent challenge proceedings of the America Invents Act (AIA) first became available. Since that day 400+ petions for trial (IPR and...

PTAB Speed Changes Court’s Mind on Motion to Stay Calculus

Court Cites Improved Speed of PTAB as Eliminating Potential Prejudice The primary business distinctions between the USPTO Patent Trial & Appeal Board (PTAB) proceedings and traditional court based patent invalidity proceedings are the vast improvements in cost, predictability, effectiveness, and...

PTAB Announces Public Roundtables

Roundtables Kick Off in Alexandria on 4/15 In the weeks ahead, the USPTO’s Patent Trial & Appeal Board (PTAB) will present roundtable programs across the country to share information and collect feedback on the new patentability trials of the America Invents Act (AIA). The first stop will...

CAFC Sends Conflicting Messages to PTAB on Indefiniteness Standard

Pre-Issuance vs. Post Issuance…PTAB Does Both Yesterday, the CAFC explored the proper standard for a USPTO indefiniteness analysis in In re Packard ( here ) [ an enhanced version of this opinion is available to lexis.com subscribers ]. Given that the Supreme Court has taken up the other side...

Supreme Court Defines Standard For Holding a Patent Indefinite

WASHINGTON, D.C. — (Mealey's) Vacating an April 2013 ruling by the Federal Circuit U.S. Court of Appeals, the U.S. Supreme Court held June 2 that “a patent is invalid for indefiniteness if its claims, read in light of the patent’s specification and prosecution history, fail to inform...

Nautilus Decision to Drive PGR and CBM Filings

Decision Indirectly Highlights Value of Post-Grant Challenges Yesterday, the Supreme Court decided that the Federal Circuit’s “insolubly ambiguous” framework for analyzing indefiniteness was, well…. indefinite. In Nautilus Inc. v Biosig Instruments, Inc., the court found that...

Fitch Even IP Alert: Supreme Court Addresses Definiteness Requirement for Patent Claims

The U.S. Patent Act requires that a patent specification “conclude with one or more claims particularly pointing out and distinctively claiming the subject matter which the applicant regards as the invention.” In Nautilus, Inc. v. Biosig Instruments, Inc. , the U.S. Supreme Court addressed...

Fitch Even IP Alert: USPTO Issues Final Rule Changing Patent Term Adjustment Calculations in View of Novartis

On January 9, 2015, the U.S. Patent and Trademark Office (USPTO) issued a Final Rule relating to the calculation of patent term adjustment (PTA) in view of the decision by the U.S. Court of Appeals for the Federal Circuit in Novartis AG v. Lee , as discussed in a previous IP alert . The patent statute...