Category Archives: One-year Statutory Bar

SUPREME COURT HOLDS THAT AIA ON-SALE BAR APPLIED TO SECRET SALES

By Reza Mollaaghababa In an inter-partes review proceeding (IPR), a challenger can rely only on patents and printed publications to challenge the validity of a patent claim. In contrast, in a post grant review (PGR) proceeding, a challenger can rely … Continue reading

Posted in Amendments before the PTAB, America Invents Act, Appeals, Court of Appeals Fed Circuit, Covered Business Methods, Federal Circuit, Inter Partes Review, Lack of Written Description, On-Sale BAR, One-year Statutory Bar, Patent Eligible Subject Matter, Post Grant Review, Printed Matter Doctrine, PTAB Procedure, PTAB Trial Practice Guide, Supreme Court, Trial Tactics, USPTO | Tagged , , , , , ,

PTAB Panels Are Divided Regarding Interpretation Of The Joinder Provision

By Reza Mollaaghababa The America Invents Act (AIA) allows a petitioner to request joinder of an inter partes review (IPR) of a patent with an IPR proceeding previously instituted with respect to that patent so long as the request for … Continue reading

Posted in America Invents Act, Covered Business Methods, Inter Partes Review, One-year Statutory Bar, Post Grant Review, PTAB Procedure, Trial Tactics, USPTO | Tagged , , , , , , , , , , ,

Stanford Patent Found Invalid in IPR proceedings but Licensee’s IP Survives

By Tom Engellenner In a decision this month (IPR2013-00308), the Patent Trial and Appeal Board (PTAB) has ruled against Stanford University’s patented method for detecting Down’s syndrome and other chromosomal defects, finding all of the challenged claims 1-13 invalid. The … Continue reading

Posted in America Invents Act, Anticipation/Obvious, District Court, Inter Partes Review, One-year Statutory Bar, Post Grant Review, PTAB Procedure, Stays, Trial Tactics, USPTO | Tagged , , , , , , , , , , , , , , , , , , ,

If at First You Don’t Succeed: File, File And File Again

By Tom Engellenner Petitioners seeking to invalidate patents via the new AIA inter partes review (“IPR”) proceedings at the U.S. Patent and Trademark Office (PTO) appear to be increasingly willing to file multiple petitions against the same patent. In several … Continue reading

Posted in America Invents Act, Anticipation/Obvious, Covered Business Methods, Inter Partes Review, One-year Statutory Bar, Post Grant Review, PTAB Procedure, Trial Tactics, Uncategorized, USPTO | Tagged , , , , , , , , , ,