About PostGrant-Counsel.comPostGrant-Counsel.com is published by members of Pepper Hamilton LLP's patent review team. With backgrounds in patent prosecution and litigation across many industries, the team members concentrate their practices on challenging and defending patents after they have been issued, e.g., in inter partes review and the soon-to-be-implemented “post-grant” review as well as in corresponding proceedings in Europe, Japan and elsewhere. This experience enables the team to provide clients with counseling, advice and representation when they are contemplating a challenge to an issued patent – or when they may need to defend their own patent against a post-grant challenge.
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- SUPREME COURT HOLDS THAT AIA ON-SALE BAR APPLIED TO SECRET SALES
- YEAR IN REVIEW: CHANGES IN PTAB PRACTICE IN 2018
- PTAB Abandons its Practice of Broadly Interpreting Claims of Challenged Patents in favor of Phillips Standard of “Ordinary and Customary Meaning”
- Attorney General’s Office May Weigh In on Constitutionality of IPRs involving Pre-AIA Patents
- CAFC Reverses PTAB on §315(b) Petition Time Bar Interpretation
Tag Archives: inter partes
By Tom Engellenner The 2011 America Invents Act (AIA) provided a variety of new ways to administratively challenge patents, including the now widely used inter partes review (“IPR”) procedure. In two recent appeals of IPR decisions, Genentech has challenged the … Continue reading
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
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
Mohawks To The Rescue? Can You Immunize Patents From PTAB Review By Assigning To A Native American Tribe?
By Tom Engellenner In an unusual move to combat the perceived bias in favor of patent challengers at the U.S. Patent Office’s Patent Trial and Appeal Board (PTAB), the Irish drug company Allergan has decided to warehouse its key patents … Continue reading
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