LexisNexis® Legal Newsroom
Patents Post-Grant: Streamlining Petition Practice in Inter Partes Reexamination

When Inter Partes Patent Reexamination Becomes One Sided As discussed over the past few months, the USPTO is considering various proposals in an attempt to streamline patent reexamination. The proposals of the speakers at the June 1 public meeting, as well as the webcast, are found ( here ). Throughout...

Patents Post-Grant: Discovery Practices before the Patent Trial & Appeal Board

Practitioners Preoccupied with Discovery Opportunities Generally speaking, "discovery" is a litigation process by which information or facts pertinent to a case can be systematically obtained from an opponent or third party prior to trial. Of course, discovery is not permitted in patent...

Patents Post-Grant: CAFC Probes Statutory Basis for Third Party Declaration Filings in Patent Reexamination

Can Declaration Evidence be Considered "Written Comments" Since the advent of inter partes patent reexamination (IPX), both Requesters and Patentees alike have relied upon declaration evidence to bolster their respective positions. Practically speaking, the lack of RCE practice in patent...

Patents Post-Grant: Enhanced Patent Reexamination Speed Coming Soon?

Reduction in Incoming Requests & InterPartes Workload to Free Up Resources Much attention has been given to the contested proceedings of the newly formed Patent Trial & Appeal Board (PTAB) since enactment of the America Invents Act (AIA) last fall. Starting in September of 2012, these new...

Patents Post-Grant: Patent Reexamination Surge Headed to USPTO

Imminent AIA Changes to Drive Significant Patent Reexamination Filings in the Near Term In one month's time, the USPTO will simultaneously switch over to a new patent reexamination fee structure, and to a new inter partes trial model of the Patent Trial & Appeal Board (PTAB). These changes...

Patents Post-Grant: CRU Workload Extending Patent Reexamination Pendency?

Reexamination Filing Surge Dismissed as Speculative Back in September, I explained that the USPTO received an unprecedented number of reexamination filings in the closing days before the September 16th . This surge was a result of several factors: First, the fee for ex parte patent examination was...

Patents Post-Grant: CAFC Considers Lack of Discovery in Patent Reexamination

Federal Circuit Unlikely to Open the Door to Discovery via Subpoena in Inter Partes Patent Reexamination Generally speaking, "discovery" is a litigation process by which information or facts pertinent to a case can be systematically obtained from an opponent or third party prior to trial...

Patents Post-Grant: Patent Reexamination is Getting Faster

Decrease in Patent Reexamination Docket Leads to Faster Orders Back on September 16, 2012, the America Invents Act (AIA) replaced the old inter partes patent reexamination system with a new proceeding, known as Inter Partes Review (IPR). Since petitions for IPR are not handled by patent examiners...