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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
- 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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Category Archives: BRI Standard
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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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
Federal Circuit Panel Blesses BRI Standard for Claim Construction at PTAB But Another Panel May Not
By Tom Engellenner The Cuozzo v. Garmin case, discussed in our blog in January, has been decided in favor of the U.S. Patent and Trademark Office (USPTO). A divided panel decided 2-1 to uphold the USPTO’s claim construction standard used … Continue reading
Posted in BRI Standard, Broadest Reasonable Interpretation, Claim Construction, Court of Appeals Fed Circuit, Federal Circuit, Inter Partes Review, PTAB Procedure
Tagged AIA, America Invents Act, Appeals from PTAB, broadest reasonable interpretation, claim construction, claims, Court of Appeals for Federal Circuit, Couzzo, inter partes, inter partes review, IPR, Versata
