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
- Federal Circuit Criticizes PTAB for Failing to Properly Weigh Objective Evidence of Non-Obviousness
- CAFC Finds Another PTAB Claim Construction Unreasonable and Again Reverses an Invalidity Holding
- PTAB Can Rely on New Evidence Introduced by Petitioner in its Reply
- AIA On-Sale Bar Applies to Publicized Sales, Even When Knowledge of Sale Did Not Disclose the Underlying Invention
- IPR Estoppel Provisions May Not Be That Scary After All
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Monthly Archives: August 2017
Federal Circuit Criticizes PTAB for Failing to Properly Weigh Objective Evidence of Non-Obviousness
By Tom Engellenner The Federal Circuit Court of Appeals again vacated a Patent Trial and Appeal Board (PTAB) panel decision for failing to properly evaluate “objective evidence of non-obviousness” and remanded the case for determinations consistent with its opinion. Specifically, … Continue reading
Posted in America Invents Act, Anticipation/Obvious, Court of Appeals Fed Circuit, Final PTAB Decision, Inter Partes Review, Post Grant Review, PTAB Procedure, Reexamination, USPTO
Tagged Appeals from PTAB, Federal Circuit, objective evidence of non-obviousness, obviousness, reversal, secondary considerations
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CAFC Finds Another PTAB Claim Construction Unreasonable and Again Reverses an Invalidity Holding
By Reza Mollaaghababa In an inter partes review (IPR) proceeding, the meaning of terms used in challenged claims of an unexpired patent are given their broadest reasonable interpretation in light of the claim language and the specification. The Court of … Continue reading
Posted in America Invents Act, Anticipation/Obvious, BRI Standard, Broadest Reasonable Interpretation, Claim Construction, Court of Appeals Fed Circuit, Federal Circuit, Final PTAB Decision, Inter Partes Review, PTAB Procedure, Trial Tactics, USPTO
Tagged anticipation, BRI Standard, broadest reasonable interpretation, claim construction, Federal Circuit, IPR, legal error, reversal
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