Tag Archives: finality of judgments

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 , , , , , , , , , , , , , , , , ,

What Should A Jury Be Told About A Concurent PTO Trial?

By Anthony Pisano Patent owners enforcing their rights who seek to exclude testimony about a pending administrative challenge to the patent-in-suit may face a Hobson’s choice – at least in Nevada. Particularly, the price for excluding evidence of pending administrative … Continue reading

Posted in America Invents Act, Anticipation/Obvious, Covered Business Methods, District Court, Inter Partes Review, Post Grant Review, PTAB Procedure, Reexamination, Trial Tactics, USPTO | Tagged , , , , , , , , , , , ,

Too Many Cooks in the Kitchen? – PTAB Puts Parallel Reviews By Central Reexam Unit on Hold

By Ben Snitkoff The regulations implementing Inter Partes Review (“IPR”), as well as Post-Grant Review (“PGR”), allow the Patent Trial and Appeal Board (“Board”) to join or stay certain proceedings by motion or sua sponte. See 37 C.F.R. § 42.122 … Continue reading

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

PTAB Renders Its First Decision

By Tom Engellenner On June 11, 2013, the Patent Trial and Appeal Board (PTAB) rendered its first decision in a case under the new AIA procedures for administratively contesting patents.  In the case of SAP America, Inc. v. Versata Development … Continue reading

Posted in America Invents Act, Covered Business Methods, District Court, Federal Circuit, Patent Eligible Subject Matter, Post Grant Review, Trial Tactics, USPTO | Tagged , , , , , , , , , , ,