Tag Archives: Covered Business Methods

USPTO Proposes Change In Claim Construction Standard For Post-Grant Proceedings

By Reza Mollaaghababa On May 9, 2018, U.S. Patent and Trademark Office (PTO) issued a notice of proposed rule for changing the standard for construing claims in unexpired patents in inter partes review (IPR), post-grant review (PGR), and transitional covered … Continue reading

Posted in BRI Standard, Broadest Reasonable Interpretation, Claim Construction, Covered Business Methods, Inter Partes Review, Post Grant Review, PTAB Procedure, 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 , , , , , , , , , , , ,

Patent Trial and Appeal Board Adds Two More Cases to its List of Precedential and Informative Decisions

By Tom Engellenner Earlier this month, the Patent Trial and Appeal Board (PTAB) added two decisions to its list of “precedential” opinions for the USPTO’s new proceedings for challenging patents under the America Invents Act. The list (which now consists … Continue reading

Posted in America Invents Act, Covered Business Methods, Estoppel, Inter Partes Review, Post Grant Review, PTAB Procedure | Tagged , , , , , , , , , , , , , ,

Federal Circuit Affirms Invalidity Of A Merck Patent Based On Substantial Evidence Standard

The Federal Circuit will apply a relaxed standard for review of the Patent Office’s post grant patent review proceedings and will give a good deal of deference to PTAB “findings of facts.” Continue reading

Posted in America Invents Act, Anticipation/Obvious, Broadest Reasonable Interpretation, Claim Construction, Court of Appeals Fed Circuit, Covered Business Methods, Inter Partes Review, Post Grant Review, PTAB Procedure, USPTO | Tagged , , , , , , , , , , , ,