By Reza Mollaaghababa The America Invents Act (AIA) requires that petitioners in both inter partes review (IPR) and post grant review (PGR) proceedings before the Patent Trials and Appeals Board (PTAB) identify the real parties in interest. The AIA includes a so-called “estoppel” provision. The estoppel provision precludes not only the petitioner but any real … Continue reading Who Is A Real Party In Interest?
By Aparna Nemlekar On April 23, 2013, the United States Patent and Trademark Office (USPTO) released a transcript of the first oral hearing conducted before the Patent Trials and Appeals Board (PTAB) in an America Invents Act (AIA) post-grant proceeding. The oral hearing was conducted on April 17, 2013 in case number CBM2012-00001 (SAP America … Continue reading First AIA Oral Hearing At The PTAB – Breaking New Ground?
By Tom Engellenner By many estimates, somewhere between five and ten percent of patents that are issued each year by the U.S. Patent and Trademark Office (USPTO) never should have been granted. The USPTO’s own statistics bear this out. Each year a small sample of patent applications allowed by examiners in line for promotion are given … Continue reading Use of Post Grant Proceedings to Challenge Bad Patents
By Tom Engellenner The America Invents Act (AIA) creates several new administrative procedures to challenge or revise U.S. patents after they have issued. The AIA also makes significant changes to some of the existing mechanisms for challenging or correcting issued patents. The new (and old) procedures are summarized below: Ex Parte Reexamination About thirty years ago … Continue reading Post-Grant Proceedings Under the America Invents Act
Welcome to Pepper Hamilton LLP’s PostGrant-Counsel.com blog. PostGrant-Counsel.com is published by members of Pepper’s patent review team. With regular posts from our Team’s lawyers who have varied legal backgrounds and guest bloggers, we will explore legal issues involving patent prosecution and litigation across many industries. The team members concentrate their practices on challenging and defending … Continue reading Welcome to PostGrant-Counsel.com