On June 10, 2019, the Supreme Court held that a federal agency is not a “person” who can file a petition for review of a patent under one of the three new proceedings created by the America Invents Act (“AIA”). Return Mail, Inc. v. United States Postal Service, 587 U.S. ____, 2019 WL 2412904, at *3 (U.S. June 10, 2019) (“Return Mail“). Specifically, the Court held that federal agencies cannot file a petition for inter partes, post-grant, or covered business method review with the Patent Trial and Appeal Board (“PTAB”) (collectively, “PTAB proceedings”). Id.
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PGR
PTAB Tech Center 1600 Roundup: Week May 6-10
By Michael Chajon & Christopher D. Jones on
Posted in Institution Decisions, PGR
During the week of May 6, 2019, the Patent Trial and Appeal Board (“the Board”) issued four decisions in TC 1600. In those, the Board instituted two inter partes reviews (“IPR”) and one post grant review (“PGR”), but refused to institute one IPR.…
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PTAB Tech Center 1600 Round-Up: Week of April 29 – May 3, 2019
By Crystal Canterbury on
During the week of April 29–May 3, 2019, the Patent Trial and Appeal Board (“Board”) issued one decision in TC 1600—a final written decision in a post-grant review (“PGR”):…
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PTAB Tech Center 1600 Round-Up: Week of April 15-19, 2019
By Michael R. Laing on
During the week of April 15–19, 2019, the Patent Trial and Appeal Board (“Board”) issued two IPR non-institution decisions (on the same patent), two PGR institution decisions, and one IPR final written decision in TC 1600.…
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PTAB Tech Center 1600 Round-Up: Week of March 18-22, 2019
By Michael Chajon on
During the week of March 18, 2019, the Patent Trial and Appeal Board (“the Board”) issued the following decision in TC 1600 instituting a post-grant review:…
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PTAB 1600 Tech Center Round-Up: Week of February 25-March 1
By Courtney M. Prochnow on
During the week of February 25, 2019, the Board issued six decisions in Technology Center 1600: five instituting inter partes review (IPR) and one instituting post-grant review (PGR). The decisions are summarized as follows:…
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PTAB Tech Center 1600 Round-Up: Week of January 14-19, 2019
By Crystal Canterbury on
During the week of January 14–19, 2019, the Patent Trial and Appeal Board (“the Board”) issued 5 IPR institution decisions, 1 IPR final written decision, 1 PGR institution decision, and 1 PGR final written decision in TC 1600. …
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PTAB Tech Center 1600 Round-Up: Week of January 21-25, 2019
By Michael Chajon on
During the week of January 21, 2019, the Patent Trial and Appeal Board (“the Board”) issued two decisions in TC 1600. In those, the Board denied institution of inter partes and post-grant reviews.…
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USPTO Issues Claim Construction Final Rule for Patent Office Trials – In with Phillips, Out with BRI
By Bryan D. Beel on
This morning, the US Patent and Trademark Office issued its final rule implementing district court-style claim construction at the PTAB, replacing the “broadest reasonable interpretation” standard. The official text of the rule will publish in the Federal Register on October 11, 2018, in final form. The new rule is not retroactive and will apply to petitions filed on or after the effective date of the final rule, which is Nov. 13, 2018 (i.e., the first federal business day after 30 days from publication). [Note: 30 days from an October 11, 2018 publication falls on Saturday, November 10, 2018, but the PTO’s press release [PDF] reports the effective date as November 13, 2018.]
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PTAB Tech Center 1600 Round-Up: Week of October 1-5, 2018
During the week of October 1, 2018, the Board issued seven Final Written Decisions and two institution decisions in Technology Center 1600. The decisions are summarized as follows:…
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