An article co-authored by Scott McKeown titled “How Agency Activity is Impacting Patent Litigation This Year” was published in Bloomberg Law. In this article, Scott and his co-authors evaluate federal...
An article co-authored by Scott McKeown titled “A New Era at the PTAB? Director Vidal Issues New Guidance on Discretionary Denials of Institution” was published in Westlaw Today, a Thomson Reuters pub...
Under 35 U.S.C. § 311(b), a Petitioner may seek to institute an IPR on grounds that “could be raised under section 102 or 103 and only on the basis of prior art consisting of patents or printed public...
Section 315(e)(2) states that once a final decision issues in an IPR challenging a claim, the Petitioner “may not assert either in [court or the ITC] that the claim is invalid on any ground that the p...
The Federal Circuit vacated the PTAB’s construction of a claim term, underscoring the principle that proper claim construction may require a close examination of the specification and other available ...
An article written by Libbie DiMarco, “Commission Finds Violation and Affirms No Indefiniteness Where Previous IPR Declaration Undermined Respondents Indefiniteness Positions” was published in the Dec...
Joinder may allow a party to challenge patent claims with an IPR even if the one-year time bar in Section 315(b) would otherwise preclude the party from filing a petition for IPR. In Uniloc 2017 LLC v...
On appeal of a PTAB decision that all claims in a patent on compressing video files were unpatentable, the Federal Circuit clarified two issues. This post considers the second addressed issue – is the...
On appeal of a PTAB decision finding all claims in a patent directed to compressing video files unpatentable, the Federal Circuit clarified two issues. This post considers the first clarified issue – ...
The time bar in Section 315(b) says that IPR may not be instituted if the petition was filed more than one year after the petitioner was “served with a complaint alleging infringement of the patent.” ...
Discretionary denial has been a hot topic at the PTAB. On Wednesday, February 24th, Wolf Greenfield hosted a webinar to discuss discretionary denial at the PTAB, and in particular, discretionary denia...
Although judicial review of decisions during IPR typically occurs through appeal after the PTAB’s Final Written Decision, a growing number of cases are exploring other means of judicial review. Questi...