Jones Day's PTAB Litigation Blog, Home page
Motion to Amend Pilot Program Extended

Motion to Amend Pilot Program Extended

The United States Patent and Trademark Office (USPTO) announced plans for the Patent Trial and Appeal Board (PTAB) to extend the Motion to Amend (MTA) pilot program. This program provides additional options for a patent owner who files an MTA in a trial proceeding...

read more
CAFC: Nearly Identical Reference is Prior Art

CAFC: Nearly Identical Reference is Prior Art

By Albert Liou - In the recent precedential Federal Circuit decision Valve Corporation v. Ironburg Inventions Ltd., No. 2020-1315, 2020-1315, 2020-1379, 2021 WL 3628664 (Fed. Cir. August 17, 2021), the Federal Circuit ruled on an issue that is not often...

read more
No Soup for You! Partial Display Design Patent Found Obvious

No Soup for You! Partial Display Design Patent Found Obvious

By Kerry Barrett and John Evans - As with utility patents, a patentee can counter obviousness of a patented design by producing objective evidence that the design was non-obvious, like commercial success, copying, etc.  But to be persuasive, a nexus must exist between...

read more
PGR Eligibility: An Uphill Climb For Transition Patents

PGR Eligibility: An Uphill Climb For Transition Patents

By Sue Gerber and Matt Johnson - A patent is eligible for post-grant review (“PGR”) only if the patent is subject to the first-inventor-to-file provisions of the AIA.  In Tricam Indus., Inc. v. Little Giant Ladder Sys., LLC, the PTAB explained that determining whether...

read more

About this blog

Follow us on Twitter

Archives