Tag Archives: PTAB

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

Bass’s First IPR Decision Rendered – Victory for Patent Owner, Shire Lpc

By Tom Engellenner If Kyle Bass’s Coalition for Affordable Drugs Series II hedge fund was hoping to reap a windfall from short positions in Shire Plc’s stock this week, it was dealt a major setback by a Patent Trial and … Continue reading

Posted in Anticipation/Obvious, Claim Construction, Final PTAB Decision, Inter Partes Review, PTAB Procedure | Tagged , , , , , , ,

Despite PTAB “Sweet Talk” Federal Circuit Reverses Invalidity Of Deicing Patent

By Tom Engellenner The Federal Circuit reversed a Patent Trial and Appeal Board (PTAB) invalidity decision last week that had found a patent for a molasses-based, road deicing agent obvious over earlier patents on sugar-related inventions.  The Federal Circuit panel … Continue reading

Posted in Anticipation/Obvious, Appeals, Court of Appeals Fed Circuit, Federal Circuit, Reexamination, 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 , , , , , , , , , , , ,