Video – PTAB Popularity and Reasons for It
Post-Issue patentability trials at the Patent Trial and Appeal Board have become wildly more popular than was expected when they were introduced in September 2012. Petition filing rates have been nearly four times the levels originally predicted. The following...
Secondary Considerations Unsuccessful Once Again
By Dave Maiorana As reported in our February 1, 2017 post, patent owners have had a difficult time convincing the PTAB that secondary considerations are sufficient to overcome a prima facie case of obviousness. The Crown Packaging decision, highlighted in that post,...
Federal Circuit Vacates and Remands to PTAB Because of Insufficient Analysis of Obviousness in IPR
By Yury Kalish Ph.D. and Matt Johnson In a unanimous opinion issued on February 14, 2017, a three-judge panel of the Federal Circuit vacated the Board’s obviousness determination in Apple’s inter partes review against PersonalWeb and remanded for further proceedings,...
PTAB Rejects Flawed Inherency Argument Against Drug Composition Patent
By Dominic J. Yee, Ph.D. and J. Patrick Elsevier, Ph.D. On February 3, 2017, the PTAB denied a petition by Amneal Pharmaceuticals LLC (“Amneal”) to institute an inter partes review of Hospira Inc.’s patent directed to pharmaceutical compositions of the sedative...
Can PTAB and Courts Reach Different Decisions? Definitely So
By Christian Damon and John Marlott In a post last month we explained that the standard applied by the PTAB in post grant proceedings for determining whether claims are sufficiently definite under 35 U.S.C. §112(b) is more demanding than the standard applied by U.S....