A critical and early determinant in any procedural review is an examination of the permissibility of individual pieces of evidence. In matters of intellectual property, and particularly in IPRs, the p...
While a line of argument in an IPR may seem promising to a patent owner addressing one particular ground of rejection, it is critical for the patent owner to analyze how the argument may impact other ...
John L. Welch's article titled "Are snack bars related to energy drink powders and bicycles?" was published by World Trademark Review Daily. Read more (subscription required).
Mike Pomianek's article titled “Could Secret Sales Bar Your Ability to Patent a Medical Device?” was published Medical Device and Diagnostic Industry (MD+DI). Read more.
Just because your issued patent was examined by the USPTO does not mean that it is free from challenge. Your competitors may, of course, scrutinize your patent and use IPR to challenge its validity—po...
You found a great prior art reference for your IPR petition. But if that reference isn’t a patent or patent application, you’ll need to think carefully about how to prove that the reference was actual...
(as published by the ITC TLA) In the Matter of CERTAIN ROBOTIC VACUUM CLEANING DEVICES AND COMPONENTS THEREOFSUCH AS SPARE PARTS, Inv. No. 337-TA-1057, Commission Opinion (February 1, 2019) Summary: A...
Oona Johnstone and Andrew William's article, titled "Biopharma IPR Trends - 2019 Mid-Year Update," appeared in the April issue of Life Science Leader. Read more.
(as published by ITC TLA) In the Matter of CERTAIN DATA TRANSMISSION DEVICES, COMPONENTS THEREOF, ASSOCIATED SOFTWARE, AND PRODUCTS CONTAINING THE SAME, Inv. No. 337-TA-1150, Order Denying Requests Fo...
In September 2018, the Patent Office created the Precedential Opinion Panel (or “POP”) to increase transparency and predictability of proceedings before the PTAB by establishing precedent that would g...
An article written by Hunter Baker titled, "Playing for Time" was featured in Mewburn Ellis Forward Magazine.
The 2019 Annual Review of U.S. Trademark Cases, co-authored by John L. Welch and titled “The Seventy-First Year of Administration of the Lanham Act of 1946," appeared in the January-February issue of ...