Chief Judge Guidance: SAS Impact, Motions to Amend, and Claim Construction
By: Jeffrey C. Wu, Ph.D. and S. Christian Platt – The PTAB Chief Judge Provides Guidance on the Impact of SAS, Motion to Amend Practice, and Claim Construction in Trial Proceedings.
Indefiniteness Standard Applicable in PGRs: Reasonably Certain or Clear?
By: Marc Blackman – In a recent decision, the Federal Circuit considered which indefiniteness standard is applicable to PGRs in response to argument that the Packard standard is the incorrect standard for issued patents
File It: Motion for Remand in View of SAS Institute
By: Dan Kazhdan and Matt Johnson – On May 25, the Federal Circuit provided some clarity on pending appeals of partial final written decisions in view of a motion for remand in view of SAS Institute.
PTAB Designates Western Digital as Informative of Motions to Amend
By: Rich Graham and Matt Johnson – The PTAB designates Western Digital decision as informative guidance on motions to amend following the Federal Circuit’s Aqua Products decision.
Federal Circuit: PTAB Affirmance Estops All Pending Actions Involving Patent
By: Albert Liou – On an appeal from a district court jury decision finding a patent valid, the Federal Circuit considers the preclusive effect of a Federal Circuit affirmance of a PTAB finding of unpatentability with respect to the same patent in an IPR brought by a third party to the district court litigation.