Section 311(b) of the American Invents Act (“AIA”) provides that a petitioner may request cancellation of one or more claims of a patent “only on a ground that could be raised under section 102 and 10...
A hallmark of IPR proceedings is that the petitioner—not the patent owner—has the burden to prove that the challenged claims are unpatentable. This hallmark is statutory as section 316(e) of the Ameri...
As we have previously discussed, some petitioners for IPR are not able to appeal an adverse decision by the PTAB because they lack constitutional standing. Though Article III standing is not required ...
John L. Welch's article titled "Owner of PHILLIP GAVRIEL for jewellery fails to prove priority over, and likelihood of confusion with, MANSUR GAVRIEL for handbags" was published by World Trademark Rev...
Adam Zeiger's article titled “Who is the Inventor? The Art of Determining Conception of an Idea” was published by Medical Device and Diagnostic Industry (MD+DI). Read more.
(As published in IP Watchdog) Inventions that are worth protecting are at the core of almost every new technology startup. For a newly formed company, it can be daunting to evaluate the amount of time...
The Federal Circuit recently held in In Re Maatita that a single plan-view drawing in a design patent application for a shoe bottom sufficiently enabled the claimed design, and the lack of additional ...
Jonathan Roses co-authored on behalf of the Boston Patent Law Association's (BPLA’s) Patent Office Practice Committee an August 2018 Response to USPTO Request for Comments on changes in examination pr...
(as published by Thomson Reuters Westlaw Journal IP) Two recent events will drive big changes in ongoing and future post-grant trials, including in inter partes review, post-grant review and covered b...
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...