New PTAB Pilot Program for Claim Amendments
By Cary Miller, Ph.D. The USPTO has proposed a pilot program intended to make it easier to amend claims before the PTAB. (See the USPTO’s Request for Comments on Motion to Amend Practice and Procedures in Trial Proceedings under the America Invents Act before the...
Revised Standard Operating Procedure 2 and the New Path to PTAB Precedent
By Doug Pearson Prior to the USPTO’s issuance of revised Standard Operating Procedure (SOP) 2 on September 20, 2018 (available here), designation of Board decisions as Precedential or Informative required, among other things, nomination of a decision to the Chief...
USPTO’s Revised SOP Sheds Light on Selection of PTAB Panels
By Josh Nightingale and Matt Johnson The USPTO has revised its standard operating procedure (SOP) governing the assignment of judges to panels in Patent Trial and Appeal Board (PTAB) cases. The SOP, available here, provides guidance to Board administrative personnel...
Post-Priority Document Usable As Evidence of POSITA Motivation
By: Jennifer J. Chheda, Ph.D and John D. Kinton The Federal Circuit recently affirmed the Patent Trial and Appeal Board’s (“PTAB”) final written decisions finding the claims of Yeda Research and Development Co., Ltd.’s (“Yeda”) U.S. Patent Nos. 8,232,250, 8,399,413,...
Observations: Five Months After Supreme Court SAS Institute
By David Anderson and Joe Sauer As an update to the May 15, 2018 post, available here, some post-SAS trends appear to be taking shape. For the five-month period from May 2018 through September 2018, the PTAB issued 538 institution decisions. Of these, the PTAB...