Precedential Opinion Provides Factors For Deciding Whether To Allow Live Testimony
By Sue Gerber and Matt Johnson Generally, the PTAB does not allow live testimony at oral argument, but recently it designated one of its 2014 decisions as precedential to give guidance as to when the Board will allow live testimony at oral argument. K-40 Electronics,...
PTAB’s Motion to Amend Pilot Program: Actual v. Proposed
By Catharina J. Chin Eng and Matt Johnson To facilitate claim amendments in inter partes, post-grant and covered business method patent reviews (collectively AIA trials), the USPTO on October 29, 2018, published a request for comment (“RFC”) on a proposed procedure...
PTAB Makes Precedential Its Heightened Scrutiny Of Amended Claims In IPRs
By John Marlott We recently posted about the panel opinion in Amazon.com v. Uniloc, a final written decision demonstrating how the PTAB has given heightened scrutiny to proposed substitute amended claims in an IPR. In addition to assessing the patentability of...
PTAB Initiates Motion to Amend Pilot
On October 29, 2018, the Office published a request for comments (“RFC”) on a proposed procedure for motions to amend filed in inter partes reviews, post-grant reviews, and covered business method patent reviews (collectively AIA trials) before the PTAB. The Office...
PTAB Issues Updated Guidance on Motions to Amend in AIA Trials
By Jonathan Knight, Ph.D. and Carl Kukkonen On March 7, 2019, the PTAB issued a new precedential order that helps to clarify a petitioner’s briefing rights in view of a recent update to the AIA Trial Practice Guide. The new order is Lectrosonics, Inc. v. Zaxcom, Inc.,...