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...
(as published by IPWatchdog) Patent prosecutors are accustomed to variations among patent examiners at the U.S. Patent and Trademark Office (USPTO). Some examiners frequently allow applications, grant...
Hunter Baker and Scott Forman's article titled "Patent eligibility under US scrutiny" was published by Intellectual Property Magazine. Read more here.
In DSS Technology Management v. Apple, the Federal Circuit reversed a holding of unpatentability of claims that the PTAB considered plainly obvious in an IPR. The Federal Circuit found that merely sta...
A recent PTAB decision highlights the difficulty of persuading the Board to allow live testimony from an expert during post-grant proceedings. In IPR2017-00433, the PTAB denied patent owner Polaris In...
(as published by Law360) What constitutes a prior art “printed publication” is a significant question in many patent validity challenges. The Federal Circuit has wrestled with the question since the c...
The 2018 Annual Review of U.S. Trademark Cases, co-authored by John L. Welch and titled “The Seventieth Year of Administration of the Lanham Act of 1946," appeared in the January-February issue of The...
The PTAB recently signaled a warning to petitioners about the dangers of third party submissions made during patent prosecution—even during prosecution of a separate but related patent. For patent hol...
(as published by Software Magazine)
A pair of recent PTAB institution decisions highlights that petitioners should be cautious when relying on prior art that was cited during the prosecution of the challenged patent. Pursuant to 35 U.S....
John L. Welch's article titled "TTAB grants motion for summary judgment as to fraud counterclaim" was published by World Trademark Review. Read more (subscription required).
Collateral estoppel, or issue preclusion, is the legal doctrine that bars a litigant from re-litigating in subsequent litigations an issue that it lost in an earlier litigation. The doctrine had been ...