Tag Archives: AIA

SCOTUS Holds Inter Partes Review Proceedings Valid In “Narrow” Decision

By Aparna Nemlekar This week the Supreme Court of the United States (“Supreme Court”), in a 7-2 decision, held that inter partes review (“IPR”) proceedings conducted by the Patent Trial and Appeal Board (PTAB) do not violate Article III or … Continue reading

Posted in America Invents Act, Anticipation/Obvious, Constitutionality, Supreme Court, USPTO | Tagged , , , , , ,

PTAB gives Apple’s Foe a Second Bite by Granting Realtime Data’s Motion to Amend

By Reza Mollaaghababa In an inter partes review (IPR) proceeding, a patent owner may file one motion to amend the patent in one or more of the following ways: (a) cancel any challenged patent claim, or (b) for each challenged … Continue reading

Posted in Amendments before the PTAB, America Invents Act, Anticipation/Obvious, Inter Partes Review, PTAB Procedure, Trial Tactics | Tagged , , , ,

First AIA Derivation Trial Instituted by PTAB

By Aparna Nemlekar On March 21, 2018, the Patent Trial and Appeal Board (“PTAB”) instituted the first AIA derivation proceeding to determine whether patent claims to a window frame component should be canceled because they were derived from others not … Continue reading

Posted in America Invents Act, Derivation Proceedings, Instittion Decision, Trial Tactics, USPTO | Tagged , , , ,

Allergan’s Mohawk Gambit Fails at the PTAB

By Tom Engellenner The Patent Trial and Appeal Board (PTAB) has not taken kindly to a move by the Irish drug company Allergan to shield its key patents on its dry-eye drug Restasis from challenge at the U.S. Patent Office … Continue reading

Posted in America Invents Act, Inter Partes Review, Motion to Terminate, PTAB Procedure, Sovereign Immunity, USPTO | Tagged , , , , , , , , , , ,

Allergan’s Mohawk Gambit May Be Doomed – PTAB Rethinks the Scope of Sovereign Immunity

By Tom Engellenner A few months ago, the Irish drug company Allergan moved to shield its key patents on its dry-eye drug Restasis from challenge at the Patent Trial and Appeal Board (PTAB) of the U.S. Patent Office by assigning … Continue reading

Posted in America Invents Act, Court of Appeals Fed Circuit, Covered Business Methods, Enlarged PTAB Panels, Federal Circuit, Final PTAB Decision, Instittion Decision, Inter Partes Review, Motion to Dimiss, Post Grant Review, PTAB Procedure, Sovereign Immunity, Trial Tactics, USPTO | Tagged , , , , , , , , , , , , , , ,