Category Archives: USPTO

State Universities Rejoice: PTAB Recognizes Sovereign Immunity Defense

By Sean Gloth In Covidien LP v. University of Florida Research Foundation Inc., the Patent Trial and Appeal Board (the “Board”) upheld a defense of sovereign immunity asserted by the University of Florida Research Foundation (the “Foundation”) and dismissed three … Continue reading

Posted in America Invents Act, Final PTAB Decision, Inter Partes Review, Post Grant Review, PTAB Procedure, Sovereign Immunity, Trial Tactics, USPTO | Tagged , , , , , , ,

Despite PTAB “Sweet Talk” Federal Circuit Reverses Invalidity Of Deicing Patent

By Tom Engellenner The Federal Circuit reversed a Patent Trial and Appeal Board (PTAB) invalidity decision last week that had found a patent for a molasses-based, road deicing agent obvious over earlier patents on sugar-related inventions.  The Federal Circuit panel … Continue reading

Posted in Anticipation/Obvious, Appeals, Court of Appeals Fed Circuit, Federal Circuit, Reexamination, USPTO | Tagged , , , , , , , , , ,

Estoppel Does Not Attach When Petitioner’s Grounds Are Denied As Redundant

By Reza Mollaaghababa Under 35 U.S.C. 315(e)(1), a petitioner in an inter partes review of a claim in a patent that has resulted in a final written decision by the Board may not request or maintain a proceeding before the … Continue reading

Posted in America Invents Act, Anticipation/Obvious, Court of Appeals Fed Circuit, Estoppel, Instittion Decision, Inter Partes Review, Trial Tactics, USPTO | Tagged , , , , , , , , , , , , ,

New Final Rules for Post-Grant Proceedings Published by USPTO on April Fools Day

By Tom Engellenner The USPTO has gone ahead and finalized new rules for post-grant proceedings under the America Invents Act (AIA) – despite heavy criticism that the rules do little to alter the lopsided nature of these proceedings. The new … Continue reading

Posted in America Invents Act, Covered Business Methods, Instittion Decision, Inter Partes Review, Post Grant Review, PTAB Procedure, Trial Tactics, USPTO | Tagged , , , , , , , , , , , ,

Bass Continues Fishing; Pharma Seeks Sanctuary

By Tom Engellenner It’s time for an update on Kyle Bass’s efforts to rid America of the pharmaceutical patents that support high priced drugs.  Between February and September 2015, at least eleven investment funds organized by J. Kyle Bass and … Continue reading

Posted in America Invents Act, Anticipation/Obvious, Instittion Decision, Inter Partes Review, PTAB Procedure, Trial Tactics, USPTO | Tagged , , , , , , , , , , ,