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Foley & Lardner LLP: USPTO Issues Proposed Rules Packages to Implement America Invents Act

By Stephen B. Maebius , Courtenay Brinckerhoff , Kristel Schorr and Benjamin A. Berkowitz On February 7, 2012, the USPTO released seven proposed rules packages to implement the new trial proceedings that the Patent Trial and Appeal Board (Board) will conduct under the Leahy-Smith America Invents Act...

USPTO Publishes Final Rules for Administrative Trials Under America Invents Act

From the USPTO : Inter Partes Review, Post-Grant Review, and Covered Business Method Patents Addressed Washington - The U.S. Department of Commerce's United States Patent and Trademark Office (USPTO) announced today [August 13th] that it will publish final rules in the Federal Register...

Patents Post-Grant: Creeping Death....The Infectious Estoppel Impact of PTAB Validity Trials

So Let It Be Written, So Let It Be Done...Your Patent Portfolio That Is Two weeks back I discussed the " patentee estoppel " impact of Rule 42.73(d)(3)(1). As a reminder, when a patent claim is cancelled or finally refused in a validity trial proceeding of the Patent Trial & Appeal Board...

PTAB Receives First PGR Petition

First PGR Petition Argues Patent is FITF Based on 112 Deficiency Last week, the first petition for Post-Grant Review was filed with the Patent Trial & Appeal Board (PTAB) (PGR2014-00008). The petition targets U.S. Patent 8,684,420, which is directed to a craft kit for making linked bracelets...

PTAB Divided Over Practice of Issue Joinder

Expanded Panel at Odds Over Statutory Interpretation of § 315(c) Yesterday, the Patent Trial & Appeal Board (PTAB) issued a rare expanded panel Order in Target Corp. v. Destination Maternity Corp ., (IPR2014-00508) ( here ). In the Order, a divided panel denied issue joinder under 35 U.S...

2014 PTAB Decisions That Changed Post-Grant Trial Practice

Top 5 Practice Changing PTAB Decisions of 2014 Since the start of the administrative patent trials of the America Invents Act (AIA) on September 16, 2012, much has changed at the Patent Trial & Appeal Board (PTAB). The number of AIA trial petitions has exploded . This increased workload has diminished...