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Recent Blog Posts

  • PTAB Preliminary Response Evidence Remains Unpopular Preliminary Responses Accompanied by Declaration Evidence: Updated Results   Back on May 1st, the Patent Trial & Appeal Board (PTAB) began to accept new testimonial evidence with patentee preliminary responses.  The PTAB implemented this change to address complaints that patentees were disadvantaged by previous rules precluding such evidence from accompanying a preliminary response to the petition. It was argued that the previous rules were especially imbalanced as almost all petitions were accompanied by petitioner declaration evidence.  I had my doubts.   Now that we are approaching... More
  • Rehearing Pendency in AIA Trial Proceedings How Long is the Rehearing Wait?  A Petition for Rehearing may be filed in an AIA Trial Proceeding to challenge an Institution Decisions (ID) or a Final Written Decision (FWD) of the Patent Trial & Appeal Board (PTAB). Of course, a successful Petition for Rehearing is a rare occurrence. Fewer than 5% of cases to date have seen a successful Petition for Rehearing.      A Petition for Rehearing pursued after an ID is often deemed to have the longest odds of... More
  • Advanced Patent Law Institute at PTO Thursday-Friday UTCLE Program Covers Patent Landscape  For those seeking some PTAB related discussion/CLE this week, there are a few exciting programs.    Tomorrow through Friday of this week, the USPTO (Alexandria) hosts UTCLE Advanced Patent Law Institute (here). This program will offer a broad range of patent related topics, including extensive discussions of PTAB trial practice and the impact of recent Federal Circuit Decisions this afternoon.  Friday March 10th: For those on the west coast, the Washington State Bar Association will hold its 22nd Annual Intellectual... More
  • PTAB Joinder: Being Your Brother's Keeper Practical Impact of Joinder Practice, Stricter Estoppel  IPR estoppel is established under 35 U.S.C. § 315(e)(2), which provides that “the petitioner in an inter partes review of a claim in a patent . . . that results in a final written decision . . . may not assert . . . in a civil action . . . that the claim is invalid on any ground that the petitioner raised or reasonably could have raised during that inter partes review.” (emphasis... More
  • PTAB Bar Conference Next Week Inaugural PTAB Bar Association Conference Coming to DC  Next week brings the now Sold Out, Inaugural PTAB Bar Conference. The PTAB Bar was founded to help establish best practices for this unique forum, foster communication among stakeholders and the PTAB, and aid practitioners in staying abreast of rule making, procedure and PTAB jurisprudential evolution. The Inaugural Conference of the PTAB Bar Association will be held March 1-3rd at the Ritz Carlton in Washington D.C. (here) The 3-day program offers a boot-camp for... More