Typically, the PTAB and district courts apply different claim construction standards, which can cause the two forums to construe the same term from the same patent differently. Such divergent treatmen...
John L. Welch's article titled "TTAB finds sales to single customer, although not substantial, sufficient to avoid abandonment of MOMBACHO for cigars" was published by World Trademark Review. Read mor...
A recent Federal Circuit decision illustrates the dangers of construing claims too broadly when applying the “broadest reasonable interpretation” (BRI) standard. Petitioners especially must remember t...
As we have written previously, the PTAB is very active in defining what is and is not a printed publication, and what the PTAB decides can make or break the IPR. A recent decision illustrates yet agai...
John L. Welch's article titled "Federal Circuit: TTAB applied wrong test in finding Coca-Cola’s ZERO mark not generic for soft drinks" was published by World Trademark Review. Read more (subscription ...
A recent district court decision illustrates that petitioners should think carefully about requesting IPRs of claims that they may challenge as indefinite in litigation. Indefiniteness challenges are ...
Jonathan Roses was the lead author on behalf of the Boston Patent Law Association's (BPLA’s) Patent Office Practice and Contested Matters Committees of a July 2018 Response to USPTO Request for Commen...
An article co-authored by Scott McKeown titled “INSIGHT: Orange, Purple Book Patentees Hone PTAB Survival Skills” was published in Bloomberg Law. In this article, Scott and his co-authors how patent o...
John L. Welch's article titled "Rapper Dr Dre's opposition to DR. DRAI for health-related services dismissed" was published by World Trademark Review. Read more (subscription required).
Two recent events will drive big changes in ongoing and future post-grant trials (IPR, PGR and CBM). The PTAB has just announced that it intends to abandon the “broadest reasonable” claim interpretati...
As discussed in our prior post, the Supreme Court is poised to issue decisions in two cases about IPRs. The first case is Oil States Energy Services v. Greene’s Energy Group, which could eliminate IPR...
The Supreme Court is poised to issue decisions in two IPR-related cases that some predict will end IPRs as we know them. One of the cases, Oil States Energy Services v. Greene's Energy Group, could el...