Tag Archives: amendment

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 , , , , , , , , | Leave a comment

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 , , , , , , , , , , , | Leave a comment

USPTO Responds To Criticism By Promising PTAB Rule Changes That Should Benefit Patent Owners

By Tom Engellenner Newly appointed USPTO Director Michelle Lee has responded to public criticism of the post-grant patent review mechanisms provided by the America Invents Act (AIA) by announcing in her blog last week that the government will implement several rule … Continue reading

Posted in Amendments before the PTAB, America Invents Act, Covered Business Methods, Inter Partes Review, Post Grant Review, PTAB Procedure, Trial Tactics | Tagged , , , , , , , , , , , , , ,

Does the Broadest Reasonable Interpretation Standard Make Sense?

By Tom Engellenner Two of the earliest challenges to patents under the new post grant proceedings established by the America Invents Act (AIA) are now on appeal to the Court of the Appeals for the Federal Circuit and both appeals … Continue reading

Posted in Amendments before the PTAB, America Invents Act, Anticipation/Obvious, Appeals, Court of Appeals Fed Circuit, Covered Business Methods, District Court, Federal Circuit, Inter Partes Review, Post Grant Review, PTAB Procedure, Reexamination, Trial Tactics, USPTO | Tagged , , , , , , , , , , , , , , , , ,

First Post Grant Review Petition Filed

By Tom Engellenner After nearly a dozen false starts, it appears that the first genuine “Post Grant Review” (PGR) petition may have been filed with the Patent Trial and Appeal Board (PTAB) under the America Invents Act (AIA). Petition PRG2014-00008 … Continue reading

Posted in America Invents Act, Anticipation/Obvious, Lack of Written Description, Post Grant Review, PTAB Procedure, Trial Tactics, USPTO | Tagged , , , , , , , , , , ,