Federal Circuit On Combining References
Practice Tip: Significant attention should be paid to motivations to combine rationales in petition drafting especially at the PTAB Trial Phase versus the Appeal Phase. Belden Inc. v. Berk-Tek LLC, Appeal Nos. 2014-1575, -1576 (Fed. Cir. Nov. 5, 2015) - Appeal from...
Amending Patent Claims in Inter Partes Review Proceedings
The inter partes review (“IPR”) statute authorizes a patent owner (“PO”) to “file, after an IPR has been instituted, one motion to amend the patent to: (i) cancel any challenged patent claim,” and “(ii) for each challenged claim, propose a reasonable number of...
Defining the Covered Business Method Patent
In the America Invents Act ("AIA"), Congress granted the Patent Trial and Appeal Board ("PTAB," "the Board") heightened jurisdiction to hear challenges to patents related to performing data processing or other operations used in the practice, administration, or...
Proposed Rule Changes for AIA Reviews at the PTAB
On August 19, 2015, in a blog post on the agency's website, U.S. Patent and Trademark Office ("USPTO" or "Office") Director Michelle Lee announced a second round of proposed rule changes for America Invents Act ("AIA") reviews. These new proposed rules follow an...