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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
- PTAB gives Apple’s Foe a Second Bite by Granting Realtime Data’s Motion to Amend
- First AIA Derivation Trial Instituted by PTAB
- Allergan’s Mohawk Gambit Fails at the PTAB
- Allergan’s Mohawk Gambit May Be Doomed – PTAB Rethinks the Scope of Sovereign Immunity
- PTAB Issues Guidelines for Motions to Amend
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Category Archives: BRI Standard
PTAB Issues Guidelines for Motions to Amend
By Reza Mollaaghababa An en banc panel of the Court of Appeals for the Federal Circuit (CAFC) in the case of Aqua Products, Inc. v. Matal recently held that in an inter-partes (IPR) proceeding, the burden of persuasion rests with … Continue reading
Posted in Amendments before the PTAB, America Invents Act, BRI Standard, Broadest Reasonable Interpretation, Claim Construction, Covered Business Methods, Inter Partes Review, Post Grant Review, PTAB Procedure, Trial Tactics, USPTO
Tagged AIA, amendment, Burden of Proof, Covered Business Method, inter partes review, IPR, patents, PGR, Post-Grant
Federal Circuit Slams PTAB Amendment Policy
By Tom Engellenner On October 4, 2017, the Court of Appeals for the Federal Circuit, sitting en banc, overruled an earlier panel decision and found that the Patent Trial and Appeal Board (PTAB) had been impermissibly placing the burden of … Continue reading
Posted in Amendments before the PTAB, America Invents Act, BRI Standard, Broadest Reasonable Interpretation, Claim Construction, Court of Appeals Fed Circuit, Covered Business Methods, Federal Circuit, Final PTAB Decision, Inter Partes Review, Post Grant Review, Trial Tactics, USPTO
Tagged AIA, amendment, Appeals from PTAB, Court of Appeals for Federal Circuit, Covered Business Method, Federal Circuit, inter partes, inter partes review, IPR, IPR procedure, Post Grant Review, PTAB
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
CAFC Vacates a PTAB Decision Due To Faulty Claim Construction
By Reza Mollaaghababa In a rare case of disagreeing with the Patent Trial and Appeal Board (PTAB), the Court of Appeals for the Federal Circuit (CAFC) vacated and remanded a PTAB decision invalidating claims 10-25 of PPC Broadband, Inc.’s U.S. … Continue reading
Posted in America Invents Act, Anticipation/Obvious, Appeals, BRI Standard, Broadest Reasonable Interpretation, Claim Construction, Court of Appeals Fed Circuit, Federal Circuit, Inter Partes Review, PTAB Procedure, USPTO
Tagged AIA, America Invents Act, BRI Standard, broadest reasonable interpretation, claim construction, Court of Appeals for Federal Circuit, inter partes, inter partes review, IPR, IPR procedure, PTAB, trial practice, USPTO
Bass Goes Fishing: Troubles Ahead for Pharma?
By Tom Engellenner Note: This article is adapted from a longer guest post on Forbes.com last week. To view the Forbes article click here. Inter partes review (IPR) is a process established by Congress to permit defendants in patent infringement … Continue reading
Posted in America Invents Act, Anticipation/Obvious, BRI Standard, Broadest Reasonable Interpretation, Claim Construction, Instittion Decision, Inter Partes Review, PTAB Procedure, Trial Tactics, Uncategorized, USPTO
Tagged AIA, America Invents Act, claim construction, inter partes, inter partes review, IPR, IPR procedure, patents, PTAB, trial practice
