Precedential Opinion Addresses Conclusory Expert Declarations -
In a precedential opinion in Xerox Corp. v. Bytemark, Inc., IPR2022-00624, Paper 9 (P.T.A.B. Aug. 24, 2022), the Board denied institution of an inter partes...more
3/31/2023
/ Administrative Patent Judges ,
Conflicts of Interest ,
Denial of Rehearing ,
Due Process ,
Filing Deadlines ,
Inter Partes Review (IPR) Proceeding ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Precedential Opinion ,
USPTO ,
Xerox
Newly appointed USPTO Director Kathi Vidal issued a set of interim procedures clarifying how the Patent Trial and Appeal Board (PTAB or Board) should apply its Fintiv decision going forward. Vidal’s guidance, which will...more
APPLICATION OF NHK/FINTIV ANALYSIS CONTINUES TO EVOLVE -
The Board’s application of its precedential NHK and Fintiv decisions to deny petitions based on parallel litigation continues to develop. The Board recently...more
12/31/2020
/ Administrative Procedure Act ,
Attorney's Fees ,
Broadest Reasonable Interpretation Standard ,
Claim Construction ,
Inter Partes Review (IPR) Proceeding ,
Parallel Proceedings ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Precedential Opinion ,
Real Party in Interest
As a result of feedback it received, the PTAB introduced a new web portal that allows any member of the public to nominate a decision for precedential or informative designation. The request must provide information about the...more
11/2/2020
/ Clerical Errors ,
Estoppel ,
Exclusive Licenses ,
Motion to Amend ,
Patent Infringement ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Portal ,
Precedential Opinion ,
Prior Art ,
Real Party in Interest
The availability of post-grant proceedings at the Patent Trial and Appeal Board (PTAB) has changed the face of patent litigation. This monthly digest is designed to keep you up-to-date by highlighting interesting PTAB,...more
6/4/2020
/ § 314(d) ,
Administrative Patent Judges ,
Claim Construction ,
Cuozzo Speed Technologies v Lee ,
Inter Partes Reexamination ,
Patent Examinations ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Precedential Opinion ,
Prior Art ,
PTAB Precedential Opinion Panel (POP) ,
Real Party in Interest ,
Thryv Inc v Click-To-Call Technologies LP ,
USPTO
The availability of post-grant proceedings at the Patent Trial and Appeal Board (PTAB) has changed the face of patent litigation. This monthly digest is designed to keep you up-to-date by highlighting interesting PTAB,...more