USPTO Director’s Alleged Conflict Not Imputed to PTAB Administrative Patent Judges
By: Stephanie Brooker and Carl Kukkonen – The PTAB considered whether a conflict of interest held by Director Iancu is imputed to the PTAB’s Administrative Patent Judges in view of the ABA’s Model Rules of Professional Conduct.
Proposed Rule: No More BRI in PTAB Trials
By: Rich Graham and Matthew Johnson – The article discusses the USPTO’s Notice of Proposed Rulemaking for Claim Construction Standards used in PTAB Proceedings. In a potentially momentous change to PTAB practice, under the newly proposed rule, the PTAB will no longer apply the broadest reasonable interpretation standard during post-grant trials.
USPTO Holds Webinar to Discuss Supreme Court’s SAS Decision
By: Josh Nightingale and Matt Johnson – The PTAB held a “Chat with the Chief” webinar, during which Chief Judge David Ruschke discussed the SAS decision and PTAB procedures moving forward.
The Supreme Court’s SAS Decision Is Already Affecting Pending Proceedings
By: Dave Maiorana – The Federal Circuits SAS decision is having immediate impact on practice before the PTAB requiring practitioners to pay close attention to future changes.
When is it too late to petition for IPR?
By: Daniel Kazhdan, Jason M. Garr, John Marlott, and Greg Castanias – On remand from the en banc decision in Wi-Fi One, holding the Federal Circuit can review time bar decisions, the Federal Circuit panel considered whether parties in privity with a patent infringement defendant are time barred from challenging the patent in IPR after one year of the infringement complaint.