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...
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...
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...
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...
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 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...
(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....