Recently updated statistics from the USPTO provide little comfort for patent owners seeking to amend claims during an IPR proceeding.

The Federal Circuit went on to rule that the PTAB had erred in rejecting Apple's arguments as to those claim, and remanded the matter to the Board for further review.

As space innovation accelerates, traditional patent strategies face unprecedented challenges from extended development timelines, jurisdictional ambiguity, and dual-use technologies. Marshall Gerstein attorneys explore how a bifurcated claim strategy can protect intellectual property both on Earth and in space, ensuring companies secure rights early while maintaining flexibility for future commercial opportunities.

In Shoes by Firebug LLC, v. Stride Rite Children's Group, LLC, Appeals 2019-1622, and 2019-1623 (Fed. Cir. June 25, 2020), the Federal Circuit affirmed the PTAB's IPR

In this informative opinion, Luv N' Care, LTD v. McGinley, Case IPR2017-01216, Paper 13 (Sept. 18, 2017) the PTAB clarified that to be accorded a filing date, a petition must be complete, including receipt by the PTO of the petition fee for institution.

Absent extraordinary circumstances, the Federal Circuit will not review Patent Trial and Appeal Board decisions refusing to institute inter partes review.

In a decision issued on May 5, 2020, the Federal Circuit reversed a PTAB decision upholding patent claims challenged for obviousness.

A patent relating to a method of treating rheumatoid arthritis using rituximab recently survived its fourth IPR challenge. Celltrion, Inc. v. Biogen, Inc., IPR2016-01614 (PTAB Feb. 21, 2018).

The US Patent & Trademark Office has introduced a new pilot program that fundamentally changes how certain PCT-based patent applications will be examined in the United States. This program creates mandatory response windows and new strategic considerations for applicants entering the US national phase. Patent applicants must now carefully evaluate their filing strategies to avoid potential pitfalls that could affect patent term adjustment or lead to abandonment.

On April 23, 2024, the U.S. Federal Trade Commission approved a proposed rule banning use of noncompetition agreements.

What is synthetic biology? At a fundamental level, synthetic biology is an interdisciplinary area applying engineering principles to biology ...

In consolidated appeals of a trio of Board decisions canceling pre-AIA patents in inter partes reviews (IPR), the Federal Circuit held "that the retroactive application of IPR proceedings to pre-AIA patents is not an...

In re Global IP Holdings LLC, Appeal 2018-1426 (Fed. Cir. July 5,2019), concerns patent law's written description requirement, under 35 USC § 112.

The Board recently granted a motion to amend, to replace unpatentable claims with proposed substitute claims, a rare occurrence that may signal a change compelled by Aqua Products ..

In Campbell Soup Co. v. Gamon Plus, Inc., the Federal Circuit reversed the PTAB's finding that Gamon's design patents on gravity-fed displays for soup were non-obvious. 10 F.4th 1268 (Fed. Cir. Aug. 19, 2021) ("Gamon II").

The court may take the position that including a claim that recites a transfer of money is sufficient for CBM eligibility, but Unwired Planet and this case did not specifically address that issue.

The Patent Trial and Appeal Board (PTAB) recently published a second update to its Trial Practice Guide (TPG). The TPG, initially released in 2012, was first updated in August 2018 (see here).

In IPR 2016-00036, a Bosch windshield wiper patent succumbed to Costco's challenge on grounds of obviousness.

In late March, the Federal Circuit issued an order staying the PTAB proceedings concerning numerous related IPRs of patents issued to Allergan, Inc. ("Allergan") ...

In today's rapidly evolving technological landscape, groundbreaking innovations such as artificial intelligence (AI), interoperability and the blockchain are transforming the way we protect...