Both the Eastern and Western Districts of Texas are well-known for promptly calendaring patent trials. But parties’ odds of actually proceeding to trial during the COVID-19 pandemic may vary between the Districts, as shown by...more
Key Takeaways
- On March 31, 2020, PTO Director Andrei Iancu ordered the PTAB to grant any requests for extensions for pre-institution briefing schedules for any COVID-19-related delays.
- Significantly, the March 31...more
4/7/2020
/ CARES Act ,
Coronavirus/COVID-19 ,
Court Closures ,
Court Schedules ,
Director of the USPTO ,
Filing Deadlines ,
Inter Partes Review (IPR) Proceeding ,
Motion To Stay ,
Patent Litigation ,
Patents ,
Post-Grant Review ,
Time Extensions ,
USPTO
Key Takeaways -
The PTAB’s criteria for whether to deny institution of an IPR where the prior art or arguments cited in the IPR petition were considered by the PTO during patent prosecution have been clarified by three...more
In a 9-4 split, the Federal Circuit sitting en banc ruled that Patent Trial & Appeal Board (PTAB) determinations as to whether an inter partes review (IPR) petition was timely filed are reviewable on appeal, overruling a...more
1/16/2018
/ § 315(b) ,
Appeals ,
En Banc Review ,
Inter Partes Review (IPR) Proceeding ,
Judicial Review ,
Non-Appealable Decisions ,
Patent Infringement ,
Patent Trial and Appeal Board ,
Patents ,
Privity of Contract ,
Real Party in Interest ,
Time-Barred Claims