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
United States Senators Thom Tillis (R-NC) and Chris Coons (D-DE) introduced the Patent Eligibility Restoration Act of 2023 (the “Act”) on June 22, 2023. The Act seeks to modify and clarify “patent eligibility jurisprudence...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 December 20, 2019, the Precedential Opinion Panel (POP) of the Patent Trial and Appeal Board (PTAB) issued its decision in IPR2018-01039, addressing “What is required for a petitioner to establish that an asserted...more
1/13/2020
/ Administrative Appeals ,
Final Written Decisions ,
Hulu ,
Inter Partes Review (IPR) Proceeding ,
Litigation Strategies ,
Obviousness ,
Patent Trial and Appeal Board ,
Patents ,
Pleading Standards ,
Precedential Opinion ,
Preponderance of the Evidence ,
Printed Publications ,
Prior Art ,
PTAB Precedential Opinion Panel (POP) ,
Totality of Evidence
On October 3, the Office of Information and Regulatory Affairs (OIRA) completed its review of the US Patent and Trademark Office’s (USPTO) proposed new rule regarding changing the claim construction standard applied in...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 Court of Appeals for the Federal Circuit (Federal Circuit), the reviewing court for the decisions issued by the Patent Trial and Appeal Board (Board), has handled over 1,000 appeals from the Board on patent trials...more