This episode of Fish Post-Grant Radio features Fish attorneys Stuart Nelson – in his final episode as host – and Rick Bisenius, who will take over from Stuart going forward. In it, they discuss major precedential PTAB...more
8/27/2021
/ America Invents Act ,
Inter Partes Review (IPR) Proceeding ,
Motion to Amend ,
Patent Infringement ,
Patent Litigation ,
Patent Prosecution ,
Patent Trial and Appeal Board ,
Patents ,
Precedential Opinion ,
Printed Publications ,
PTAB Precedential Opinion Panel (POP)
The Patent Trial and Appeal Board (PTAB) remains the forum of choice for challenging the validity of patent claims. However, it is notable that a comparison of 2019 and 2018 statistics reveals about a 30 percent decline in...more
On November 6, 2019, Fish & Richardson Principal Stuart Nelson and Associate Kim Leung hosted the Post-Grant for Practitioners webinar “USPTO Ethics Rules at the PTAB.” The webinar highlighted some of the major ethics rules...more
On March 13, 2019, the Patent Trial and Appeal Board issued a precedential decision in Proppant Express Investments LLC v. Oren Technologies LLC, holding that 35 U.S.C. § 315(c) does not provide per se prohibitions against...more
2016 marked the fourth anniversary of the America Invents Act (AIA). The Patent Trial and Appeal Board (PTAB) was once again the forum of choice for challenging patentability of claims, surpassing the Eastern District of...more
The USPTO has proposed and instituted a number of new rules for post-grant proceedings before the Patent Trial and Appeal Board (“PTAB”). They fall into two categories: the “quick fix” and the “second round.”...more
One source of prior art commonly relied on in inter partes review proceedings is the “Wayback Machine.” The Wayback Machine is an internet archive of webpages that are browsed by crawler programs and then stored and preserved...more