On April 19, 2024, the United States Patent and Trademark Office (USPTO) issued a notice of proposed rulemaking (NPRM) that proposes rules regarding the exercise of discretion to determine whether to institute an Inter Partes...more
On April 16, 2024, the United States Patent and Trademark Office (USPTO) issued a notice of proposed rulemaking (NPRM) regarding Director Review of Patent Trial and Appeal Board (PTAB) decisions in America Invents Act (AIA)...more
Our earlier Law360 guest article highlighted the rapid rise in prominence of the Waco Division of the U.S. District Court for the Western District of Texas since U.S. District Judge Alan Albright was appointed to that court...more
On Sept. 24, 2018, Alan Albright was sworn in as a U.S. district court judge — and the only U.S. district court judge — for the Waco Division of the U.S. District Court for the Western District of Texas.
A former U.S....more
On May 14, 2018, the Supreme Court granted WilmerHale client PNC Bank National Association's (PNC Bank) petition for writ of certiorari and vacated a decision of the US Court of Appeals for the Federal Circuit restricting the...more
5/17/2018
/ Appeals ,
Certiorari ,
Covered Business Method Proceedings ,
Inter Partes Review (IPR) Proceeding ,
Patent Assertion Entities ,
Patent Litigation ,
Patents ,
PNC ,
Post-Grant Review ,
SCOTUS ,
Vacated
No provision of the Patent Act has been more frequently litigated over the last several years than 35 U.S.C. § 101. After not having decided a § 101 case in nearly a decade, the Supreme Court issued four § 101 decisions in as...more
The inter partes review estoppel provision (35 U.S.C. § 315(e)) says that a petitioner (or real party in interest) in an IPR that results in a final written decision on a patent claim may not assert validity in a U.S. Patent...more
The US Patent and Trademark Office has announced amendments to the Rules of Practice for Trials Before the Patent Trial and Appeal Board that will take effect on May 2, 2016. The amendments generally adopt the rules proposed...more
4/8/2016
/ Additional Discovery ,
Claim Construction ,
Duty of Candor ,
Expert Testimony ,
Final Rules ,
Motion to Amend ,
Patent Litigation ,
Patent Owner Preliminary Response ,
Patent Trial and Appeal Board ,
Real Party in Interest ,
USPTO