One of the most notable recent changes in post-grant proceedings was replacing the broadest reasonable interpretation (“BRI”) claim construction standard with the Phillips standard used to construe claims in federal court....more
3/12/2020
/ Broadest Reasonable Interpretation Standard ,
Claim Construction ,
Concurrent Litigation ,
Inter Partes Review (IPR) Proceeding ,
International Trade Commission (ITC) ,
Litigation Strategies ,
Patent Infringement ,
Patent Litigation ,
Patent Owner Preliminary Response ,
Patent Trial and Appeal Board ,
Patents ,
Phillips Standard ,
Post-Grant Review ,
Standard of Review ,
Trial Practice Guidance ,
USPTO
The September 2019 issue of Sterne Kessler's The Goods on IP® discusses the Amazon Utility Patent Neutral Evaluation Procedure, reviews recent design patent PTO litigation statistics, and analyzes why the utility model...more
The PTAB Strategies and Insights newsletter provides timely updates and insights into how best to handle proceedings at the USPTO. It is designed to increase return on investment for all stakeholders looking at the entire...more
7/20/2018
/ Administrative Law Judge (ALJ) ,
Administrative Procedure ,
Administrative Proceedings ,
Appeals ,
Constitutional Challenges ,
Depositions ,
Expert Witness ,
Issue Preclusion ,
Joinder ,
Litigation Strategies ,
Lucia v SEC ,
Motion To Seal ,
Patent Trial and Appeal Board ,
Patents ,
Real Party in Interest ,
Sanctions ,
SCOTUS ,
USPTO
Depositions are an important, yet sometimes overlooked, part of AIA proceedings, such as inter partes review (“IPR”) trial proceedings. It is important to understand that IPR depositions differ in significant ways – both in...more
6/18/2018
/ Administrative Procedure ,
America Invents Act ,
Declaration ,
Depositions ,
Expert Witness ,
Inter Partes Review (IPR) Proceeding ,
Litigation Strategies ,
Patent Litigation ,
Patent Owner Preliminary Response ,
Patents ,
Witness Preparation ,
Witness Statements ,
Witnesses