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...
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.
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...
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....
Clarified: Standing Requirements and Burden Shifting Framework in IPR Proceedings
By: Kaitlin Crowder and Dave Maiorana – The Federal Circuit considered and clarified two standards on appeal from a PTAB ruling: (1) who has standing to appeal from a PTAB decision in AIA trials, and (2) whether the district court burden shifting approach to overlapping ranges applies in AIA trials.