For PTAB Declarations, Better to Fly Solo
Many things in life are better done with someone else: board games, dinner parties, road trips, riding tandem bicycles. However, according to the PTAB, there’s one particular area where it’s best to f...
Articles
Proving Them Wrong: FDA Skepticism Helps Save Patent Claims
Evidence of skepticism of others in an IPR can be used to support the patentability of claims in response to obviousness challenges—skepticism is a standard “objective indicia” or secondary considerat...
One Missing Link Can Break an Obviousness Argument
IPRs are often filed to challenge important patents – the same patents likely to be tested in litigation. In such circumstances, parties should pay careful attention when asserting arguments in the IP...
TTAB cancels TAO VODKA registration
John L. Welch's article titled "TTAB cancels TAO VODKA registration" was published by World Trademark Review. Read more (subscription required).
Tipping the Scales in IPR with Effective Expert Testimony
Expert testimony is a feature of most IPRs, and effective expert testimony can make or break a party’s position. When evaluating expert testimony, the PTAB may consider several issues. First, are the ...