LexisNexis® Legal Newsroom
Patentee Tactic for Looming PTAB Patent Challenges

Preemptive Filing May Provide More Patentee Flexibilty in Amending Prior to the AIA, some patentees would preemptively challenge their own patents in an ex parte reexamination proceeding in the hopes of staving off an imminent inter partes reexamination challenge . The thinking was that since the...

Top 5 Reasons for Non-Compliant IPR Petitions

The First Year of PTAB Patentability Challenges Today marks the one year anniversary of the new patent challenge mechanisms of the America Invents Act (AIA). Over the past few months there have been many noteworthy rulings in the 550+ Inter Partes Review (IPR) proceedings and 50+ Covered Business...

2014 Update on PTAB Trial Statistics

Statistics Demonstrate Staggering Demand for PTAB Patent Challenge Proceedings Last week, the USPTO issued the official tallies/progress statistics for Inter Partes Review (IPR), Post Grant Review (PGR) and the Covered Business Method (CBM) proceedings. As of January 9, 2014 the Patent Trial &...

CAFC Finds Prior Art Status of Patent Depends on Claim Scope?

Prior Art 102(e) Date of Provisional Filing Linked to Scope of Utility Patent Claims? Last Friday the Court of Appeals for the Federal Circuit (CAFC) affirmed the decision of the Patent Trial & Appeal Board (PTAB) in Dynamic Drinkware LLC v. National Graphics Inc. IPR2013-00131 ( here ). While...