By Tom Engellenner Newly appointed USPTO Director Michelle Lee has responded to public criticism of the post-grant patent review mechanisms provided by the America Invents Act (AIA) by announcing in her blog last week that the government will implement several rule changes. The new rules, which will be implemented in three stages, have not yet been … Continue reading USPTO Responds To Criticism By Promising PTAB Rule Changes That Should Benefit Patent Owners
By Tom Engellenner Two of the earliest challenges to patents under the new post grant proceedings established by the America Invents Act (AIA) are now on appeal to the Court of the Appeals for the Federal Circuit and both appeals are taking direct aim at the US Patent and Trademark Office’s decision to adopt a … Continue reading Does the Broadest Reasonable Interpretation Standard Make Sense?
By Reza Mollaaghababa and Anthony Pisano In an Inter Partes review (IPR) proceeding before the PTAB, a patent owner is not automatically afforded the right to amend the challenged claims. Rather, the patent owner has a burden of establishing that it is entitled to amend one or more of the challenged claims. 37 C.F.R. §42.20(c). … Continue reading PTAB Grants a Patent Owner’s Request to Amend
By Reza Mollaaghababa As we had reported earlier, a patent owner has a heavy burden in amending claims in an inter partes review (IPR) proceeding. The recent case of Nichia Corp. v. Emcore Corp. (IPR2012-00005) provides an example of obstacles that a patent owner may face when attempting to amend the challenged claims. In this … Continue reading The PTAB’s Denial of Patent Owner’s Motion to Amend Underscores the Obstacles that Patent Owners Face In Amending Challenged Claims