PTAB Issues Revised Procedure For Decisions Remanded From The Federal Circuit
By Tom Ritchie and Dave Cochran On November 16, 2017, the PTAB announced its revised Standard Operating Procedure for decisions remanded from the Federal Circuit for further proceedings. In SOP 9, the PTAB provides guidance to panels and parties that facilitates its...
USPTO Adjusts Fees for PTAB IPR Proceedings
By Matt Johnson On November 14th, the USPTO issued a final rule setting and adjusting patent fees during fiscal year 2017. The new fees, set to take effect January 16, 2018, include upward adjustments of fees for requesting Inter Partes Review (IPR) and...
District Courts Split on Admissibility of Patent Owner IPR Victories
By Jeff Giering, Ph.D. and Carl Kukkonen In an opinion dated October 12, 2017, the U.S. District Court for the Eastern District of Wisconsin granted a motion in limine to exclude evidence that a challenged patent had survived twenty post-issuance proceedings,...
PTAB Designates Three Informative Opinions Which Address 35 U.S.C. § 325(d)
On October 24th, the PTAB issued the following notice, designating the following decisions, which address 35 U.S.C. § 325(d), as informative. Unified Patents, Inc. v. Berman, Case IPR2016-01571 (PTAB Dec. 14, 2016) (Paper 10) In this decision, the Board denied...
PTAB Sheds Light on Role of Prior Art in Discretionary Denial
by Seth M. Bostrom and Joseph M. Sauer The Patent Trial and Appeal Board (PTAB) recently designated as informative three cases involving discretionary denial of inter partes review under 35 U.S.C. § 325(d). We previously profiled the case of Hospira, Inc. v....