Board Terminates Motion to Amend, Citing Inefficient Use of Resources
By Albert Liou The Board recently exercised its discretion to terminate trial and obviate the Patent Owner’s pending Motion to Amend, after the Federal Circuit affirmed a district court’s ruling that all of the challenged claims were invalid for lack of patentable...
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PTAB Claim Construction Final Rule Announced
The USPTO has published a final rule changing the claim construction standard applied during inter partes review (IPR), post-grant review (PGR), and the transitional program for covered business method patents (CBM) proceedings before the PTAB. The final rule replaces...
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PTAB: Institution Decision Addressing Only One Claim Acceptable Post-SAS
By: Geoffrey K. Gavin and Matthew Johnson – In response to a request for rehearing, the PTAB addressed whether the Board must address each claim and each ground in an institution decision Post-SAS.
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Federal Circuit Affirms Trade Conference Catalog Qualifies As Prior Art
By Phil Shelton and Carl Kukkonen On September 13, 2018, the U.S. Court of Appeals for the Federal Circuit affirmed a decision by the USPTO Patent Trial and Appeal Board (PTAB) that the claims in U.S. Patent 8,714,977 (the ‘977 patent) are unpatentable as being...
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Statutory Disclaimer Fails to Support Stay
By Matt Johnson District courts have discretionary authority to grant a motion to stay. Courts consider three factors in deciding how to exercise that discretion, the first being whether a stay will simplify the issues for trial. In Universal Secure Registry, LLC v....
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