PGR Filings Tick Up, But Still Infrequent

PGR Filings Tick Up, But Still Infrequent

By John Marlott – PGR petition filings were up slightly over the prior USPTO fiscal year, but the long-term historical trend continues to show that PGR challenges remain relatively infrequent. We recently reported on the PTAB’s release of its final statistics...
PGRs Still Rare – Is Estoppel The Reason?

PGRs Still Rare – Is Estoppel The Reason?

By John Marlott – A Post-Grant Review can be used to challenge newly-issued patents on wide-ranging grounds, but PGRs remain relatively unpopular: statutory estoppel may be a reason why. The America Invents Act (“AIA”) created new procedures for challenging the...
Sunset for CBMs

Sunset for CBMs

By John Marlott – The Transitional Program for Covered Business Method (“CBM”) Review is quietly coming to an end on September 16, 2020, after eight years.  The CBM program, which Congress created as a streamlined and temporary method for weeding out low-quality...
Cert Filed in Arthrex on Appointments Clause Issue

Cert Filed in Arthrex on Appointments Clause Issue

By Nate Andrews, John Marlott, and Dave Maiorana – The United States petitioned the Supreme Court for certiorari in Arthrex.  Cert. Pet., No. 19-1434 (June 25, 2020).  Two additional petitions for writs of certiorari have been filed, one by Arthrex and one by...