Tag Archives: Post Grant Review

AIA On-Sale Bar Applies to Publicized Sales, Even When Knowledge of Sale Did Not Disclose the Underlying Invention

By Reza Mollaaghababa The Court of Appeals for the Federal Circuit (CAFC) recently construed the on-sale bar provision of 35 U.S.C. 102(a) in a way that will make it easier for petitioners to challenge third party patents. While in an … Continue reading

Posted in America Invents Act, Court of Appeals Fed Circuit, District Court, Federal Circuit, On-Sale BAR, Post Grant Review, Trial Tactics | Tagged , , , , , ,

IPR Estoppel Provisions May Not Be That Scary After All

By Yue (Joy) Wang IPR petitioners wary of the statutory estoppel under 35 U.S.C. § 315(e)(2) may have reason to be cautiously optimistic.   Judge Sue Robinson of the Federal District Court of Delaware recently held that Toshiba is not estopped … Continue reading

Posted in America Invents Act, Anticipation/Obvious, Appeals, Court of Appeals Fed Circuit, District Court, Estoppel, Federal Circuit, Final PTAB Decision, Instittion Decision, Post Grant Review, Section 315(e) bar | Tagged , , , , , , , , , , , ,

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

PTAB Nixes Presentation of Video-Recorded Testimony at Oral Hearing as New Evidence

By Tom Engellenner The new AIA procedures for administratively challenging issued patents afford the parties an opportunity to present their cases at a “final oral hearing” before the three Administrative Patent Judge panel that will decide the case.  This is … Continue reading

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