Patent Law Weblog
recent posts
- Retired Judges File Amicus Brief in Support of Judge Newman
- Hikma v. Amarin at the Supreme Court: The Parties’ Opening Briefs
- Teva Pharmaceuticals International v. Eli Lilly & Co. (Fed. Cir. 2026)
- USPTO Extends Artificial Intelligence Search Automated Pilot Program (ASAP!)
- USPTO Announces That It Has Turned the Corner on Unexamined Application Backlog
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Category: Patent Trial and Appeal Board
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By Donald Zuhn — Today, in Honeywell Int'l v. Arkema Inc., the Federal Circuit vacated a combined Final Written Decision by the U.S. Patent and Trademark Office Patent Trial and Appeal Board in two post-grant review proceedings finding that claims 1-20 of U.S. Patent No. 9,157,017 were unpatentable. The Federal Circuit also remanded to the…
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By Kevin E. Noonan — Friday, the Broad Institute (and its partners as Senior Party, Harvard University and MIT) filed its opposition to an authorized motion for protective order by the Junior Party (the University of California, Berkeley; the University of Vienna; and Emmanuelle Charpentier; collectively, "CVC") as well as its Substantive Motion No. 1…
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By Kevin E. Noonan — In their Order of August 26th, the Patent Trial and Appeal Board authorized the University of California/Berkeley, University of Vienna, and Emmanuelle Charpentier, Junior Party (abbreviated "CVC") to file a miscellaneous motion that its Priority Statement be filed under seal. The Board set an expedited schedule to be filed September…
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By Kevin E. Noonan — On Monday, the Patent Trial and Appeal Board (PTAB) issued an Order deciding which of the parties' (University of California/Berkeley, the University of Vienna, and Emmanuelle Charpentier, Junior Party, abbreviated to "CVC" throughout, and The Broad Institute, Massachusetts Institute of Technology, and Harvard University, Senior Party) proposed motions it will…
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By Michael Borella — On July 1, the Patent Trial and Appeal Board (PTAB) of the U.S. Patent and Trademark Office (USPTO) designated four of its recent 35 U.S.C. § 101 decisions as informative. Each of these decisions came down after and applied the USPTO's 2019 Revised Patent Subject Matter Eligibility Guidance. Two resulted in…
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Software Claims Survive Section 101 Challenge and Are Found to Be Directed to Patent-Eligible Subject Matter By Joseph Herndon — In the U.S. Patent and Trademark Office, the Patent Trial and Appeal Board (PTAB) recently designated its decision in Ex Parte Smith as an informative decision for its application of the revised guidance on the…
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By Kevin E. Noonan — The U.S. Patent and Trademark Office today announced a new pilot program relating to motions to amend in post-grant review proceedings (post-grant review, inter partes review, and covered business methods reviews) under the Leahy-Smith America Invents Act. As set forth in the announcement: The pilot program provides patent owners with…
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By Kevin E. Noonan — Today, the U.S. Patent and Trademark Office's Patent Trial and Appeal Board announced that it had updated its Motion to Amend Study to include all trials under the post-grant review proceedings enacted in the Leahy-Smith America Invents Act (AIA) through the end of Fiscal Year 2018 (which ended on September 30,…
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PTAB Affirms Patent Eligibility of Claims for Playing Dice Game By James Korenchan — In a decision issued last month, the Patent Trial and Appeal Board of the U.S. Patent and Trademark Office reversed the final rejection of all pending claims in U.S. Application No. 14/207,507. Claims 2-7 were rejected under 35 U.S.C. § 101…
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By Joseph Herndon — The Federal Circuit recently issued a decision further clarifying the Patent Trial and Appeal Board's (PTAB) ability to invalidate claims on reconsideration even when the claims were not addressed in the final written decision. In the analysis below, we review only the procedural question of the PTAB's ability to address claims…
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