About PostGrant-Counsel.com
PostGrant-Counsel.com is published by members of Pepper Hamilton LLP's patent review team. With backgrounds in patent prosecution and litigation across many industries, the team members concentrate their practices on challenging and defending patents after they have been issued, e.g., in inter partes review and the soon-to-be-implemented “post-grant” review as well as in corresponding proceedings in Europe, Japan and elsewhere. This experience enables the team to provide clients with counseling, advice and representation when they are contemplating a challenge to an issued patent – or when they may need to defend their own patent against a post-grant challenge.Subscribe Via RSS
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Recent Posts
- SUPREME COURT HOLDS THAT AIA ON-SALE BAR APPLIED TO SECRET SALES
- YEAR IN REVIEW: CHANGES IN PTAB PRACTICE IN 2018
- PTAB Abandons its Practice of Broadly Interpreting Claims of Challenged Patents in favor of Phillips Standard of “Ordinary and Customary Meaning”
- Attorney General’s Office May Weigh In on Constitutionality of IPRs involving Pre-AIA Patents
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Monthly Archives: October 2013
Stranger in a Strange Land – USPTO Clarifies Rules for Pro Hac Vice Admission
By Ben Snitkoff The new Inter Partes Review (“IPR”) and Post-Grant Review (“PGR”) procedures are similar to district court litigation in many respects: there are opportunities for discovery, depositions, adverse motion practice, and a trial. As such, many participants in … Continue reading
Posted in America Invents Act, Inter Partes Review, PTAB Procedure, Uncategorized
Tagged inter partes review, pro hac vice, PTAB
A Patent Owner Bears a Heavy Burden in Amending Claims in an IPR Proceeding
By Reza Mollaaghababa A patent owner in an inter-partes review (IPR) proceeding may amend a challenged patent if they satisfy a number of statutory requirements set forth by the AIA (America Invents Act) and the regulations promulgated by the USPTO. … Continue reading
Posted in America Invents Act, Inter Partes Review, PTAB Procedure
Tagged amendment, claims, inter partes review
No Fishing Allowed – Limits on Discovery Before the PTAB
By Anthony Pisano The addition of discovery to review proceedings before the Patent Trial and Appeal Board (PTAB), such as inter partes review, and post-grant review, have opened up the doors to new kind of challenges before the PTO. However, … Continue reading
Posted in America Invents Act, Covered Business Methods, Inter Partes Review, Post Grant Review, PTAB Procedure, Trial Tactics
Tagged AIA, America Invents Act, Covered Business Methods, discovery, inter partes review, IPR, IPR procedure, litigation stay, patents, post grant, Post-Grant, PTAB, trial practice, USPTO
The More the Merrier – Joinder under the AIA
By Ben Snitkoff Under the America Invents Act (AIA), parties to an Inter Partes Review (IPR) or Post Grant Review (PGR) may move to join pending IPR or PGR proceedings. See 37 C.F.R. § 42.122 (for IPR), and 37 C.F.R. … Continue reading
Posted in America Invents Act, Estoppel, Inter Partes Review, PTAB Procedure
Tagged AIA, estoppel, Joinder
