The PTAB Refuses to Consider New Real Party in Interest Argument Raised on Remand
The PTAB is beginning to address a small stream of cases reversed and remanded by the Federal Circuit, and the scope of what the PTAB will consider on remand is of interest. In Corning Optical Communications RF, LLC v. PPC Broadband, Inc., IPR2013-00340, Paper 85...
USPTO Proposes Fee Increase for PTAB Trials
On September 30, 2016, the USPTO issued a press release seeking comments on proposed patent fee adjustments. The announcement notes that the proposed increases include several PTAB AIA trial fees, "aimed at better aligning these fees with the USPTO's costs and aiding...
Intex v. Bestway: The PTAB Does Not Always Conduct A Claim-By-Claim Analysis At The Institution Stage, And Evidence From A Parallel Litigation May Increase The Likelihood That The PTAB Will Institute A Review Of All The Challenged Patent Claims
The PTAB’s recent institution decision in Intex v. Bestway (IPR2016-00180) is notable for two reasons: (1) it demonstrates that the PTAB does not always conduct a claim-by-claim analysis of every challenged claim in a petition before electing to institute a post-grant...
PTAB Bar Association is Open for Business
The PTAB Bar Association has launched and is now accepting new members. The PTAB Bar Association (www.ptabbar.org) is an organization dedicated to preserving and promoting the professional and ethical standards among those who appear before the Patent Trial and Appeal...
IPR Petitioner Estopped On Grounds That Could Have Been Raised Earlier
In IPR2016-00781, the PTAB denied institution on the grounds that the petitioner was estopped with respect to the claims of U.S. Patent No. 8,846,112 (“the ‘112 patent”). In an earlier proceeding brought by the petitioner, IPR2015-00529, the PTAB issued a Final...