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Does the use of a printed manual at the PTAB foreclose later use of the underlying product in litigation?

In Momenta Pharmaceuticals, Inc. v. Bristol-Myers Squibb Co. (here), the Federal Circuit was poised to explore the level of biosimilar legwork that could satisfy Article III ...

CAFC Side Steps 314(a) Controversy on Procedural Grounds...

On August 14, 2019, the Federal Circuit granted the request for panel rehearing.

In a blog post today, U.S. Patent and Trademark Office ("PTO") Director Michelle K. Lee announced plans for a three-part roll-out of changes to the rules governing America Invents Act ("AIA") post-grant proceedings...

The Federal Trade Commission has announced proposed rule changes that will impact the reportability of pharmaceutical patent licenses under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 ("HSR Act").

While IPR petitioners may only challenge patent claims based upon patents and printed publications (§§ 102 and 103)...

Earlier this year the Patent Trial & Appeal Board (PTAB) instituted trial in Sling TV, L.L.C. et al. v. Realtime Adaptive Streaming, LLC, IPR2018-01331

There have been a number of developments in the courts, at the USPTO, and on the legislative side over the past few months.

The practical application of an obviousness challenge is simply this: would a person of ordinary skill in the art find the claims to be obvious, in view of the prior art in front of them.

Today, the Patent Trial & Appeal Bord designated two decisions informative that apply the so-called "Fintiv factors."

A petitioner's sur-reply should only respond to arguments made in a reply, comment on reply declaration testimony, or point to cross examination testimony.

Earlier this week the SCOTUS heard arguments in Dex Media Inc. v. Click-To-Call Technologies, LP. As a reminder, the issue presented was the scope of the appeal bar of 35 U.S.C. § 314(d)

Last month, the Patent Trial & Appeal Board (PTAB) issued an Order explaining that maintaining multiple, concurrent proceedings per patent presents a significant burden for the Board.

While I will discuss my more detailed impressions during tomorrow's webinar, a few quick thoughts.

As I explained previously, an expanded panel at the PTAB is an exceedingly rare occurrence.

Over the years, the Patent Trial & Appeal Board had become panel dependent in assessing questions of public accessibility at institution.