USPTO Director Vidal Closes Fintiv Escape Hatch on Discretionary Denial
Practice at the Patent Trial and Appeal Board has evolved at a breakneck pace during the tenure of U.S. Patent and Trademark Office Director Vidal.
Practice Insights
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Take the LEAP – Maximizing Oral Arguments Before the PTAB
More than two years have passed since the United States Patent and Trademark Office (USPTO) created the Legal Experience and Advancement Program (LEAP) to develop the skill of practitioners in presenting oral arguments to the Patent Trial and Appeal Board (PTAB).
USPTO Extends CARES Act Deadline Relief
The United States Patent and Trademark Office (USPTO) has extended the period for deferring certain deadlines under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). The relief still applies only to those “personally affected by the COVID-19 outbreak,” but now affected applicants and patent owners can defer certain deadlines until June 1, 2020.
PTAB – A Year In Review of 2018 & A Look Ahead To 2019
2018 was a significant year at the Patent Trial and Appeal Board (PTAB), which included a pair of Supreme Court decisions, a landmark en banc ruling from the Court of Appeals for the Federal Circuit impacting judicial review of real party in interest, and revised standard operating procedure and updates to the trial practice guide from the PTAB.
Court Dismisses Biosimilar Petitioner's IPR Appeal For Lack of Standing
In <EM>Momenta Pharmaceuticals, Inc. v. Bristol-Myers Squibb Co.</EM>, the Federal Circuit dismissed Momenta’s appeal from an adverse IPR decision for lack of standing after Momenta suspended its potentially infringing biosimilar development activity.
New Estoppel Concern For Petitioners Raised In BTG v. Amneal
The Court of Appeals for the Federal Circuit is poised to decide a case which may create new estoppel concerns for AIA petitioners under 35 USC § 315(e)(2).
One-Year Time Bar for IPR Filing Triggered Even When Served Complaint Is Voluntarily Dismissed
An IPR cannot be instituted when the petitioner has been served a patent infringement complaint more than 1 year before filing its petition. Learn more here.
USPTO Announces Proposal To Facilitate Amendments In AIA Challenges
If implemented, this will represent a significant new option for patent owners who do not have pending continuations at the time of an AIA challenge.
Revamped PTAB Trial Practice Guide Holds Surprises
Because the supplemental Guide is not subject to a notice and comment period, it is effective immediately, and the Office notes that future updates to the Guide will be provided “on a section-by-section, rolling basis, rather than a single, omnibus update addressing all aspects of the current Practice Guide.”