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 Joseph Herndon — On Monday, May 9, 2016, the U.S. Patent and Trademark Office published information on Patent Trial and Appeal Board (PTAB) trials regarding motions to amend claims. The Acting Chief Administrative Patent Judge, Nathan Kelley, wrote that while the America Invents Act (AIA) gives patent owners the right to file a motion…
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Focusing on the Claims, the PTAB Denies CBM Review of a Market Research Patent By Joseph Herndon — On April 13, 2016, the U.S. Patent and Trademark Office (USPTO) Patent Trial and Appeal Board (PTAB) issued a decision denying institution of a covered business method (CBM) patent review of U.S. Patent No. 8,041,805. This decision…
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By Andrew Williams — Earlier today, the Supreme Court heard oral arguments in the Cuozzo Speed Technologies, LLC v. Lee appeal (Supreme Court docket number 15-466). The Court was considering two issues related to the recently implemented IPR proceedings from the Patent Trial and Appeal Board ("PTAB" or "Board"). The two questions presented were: 1. …
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PTAB Not Bound by Prior District Court Ruling on § 101 By Joseph Herndon — On March 30, 2016, the U.S. Patent and Trademark Office (USPTO) Patent Trial and Appeal Board (PTAB) issued a Final Written Decision in a case captioned Samsung Electronics America, Inc., Samsung Electronics Co., LTD., and Apple, Inc. v. Smartflash LLC…
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By Kevin E. Noonan — At the end of March, the Intellectual Property Counsels' Committee (IPCC) of the Biotechnology Innovation Organization (BIO) held its Spring meeting, convening in-house counsel and outside counsel involved in patenting the member companies' intellectual property. Presenting on one of the panels was Professor Jacob S. Sherkow (at right) from the…
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By Kevin E. Noonan — Cold Spring Harbor Laboratory (CSHL) is a storied institution in molecular biology, being the site of annual meetings related to this view of life since Schrodinger proposed to use quantitative methods to examine biology in the wake of the despair in physics occasioned by the use of nuclear weapons to…
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After Multiple CBM Petitions, Motorola Invalidates Software Patent By Joseph Herndon — On March 21, 2016, the USPTO Patent Trial and Appeal Board (PTAB) issued a final written decision in the Covered Business Method (CBM) patent review between Motorola Mobility, LLC and Intellectual Ventures I, LLC, in which challenged claims were found to be unpatentable…
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By Kevin E. Noonan — Early last month, the Federal Circuit addressed an important question regarding the interplay between a decision to institute inter partes review before the Patent Trial and Appeal Board and the ultimate determination by the Board regarding whether claims are invalid for the reasons contained in the petition, in TriVascular v.…
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By Kevin E. Noonan — Last Thursday, the Federal Circuit handed down its non-precedential decision in Purdue Pharma v. Depomed, reviewing the decision of the Patent Trial and Appeal Board on three related inter partes reviews. While not quite a unicorn, the PTAB decision was unusual in that it affirmed the validity of all claims…
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U.S. Patent to Database for Protecting Formula for Coca-Cola Found Invalid under CBM Review By Joseph Herndon — On March 2, 2016, the USPTO Patent Trial and Appeal Board (PTAB) issued a final written decision in the Covered Business Method (CBM) patent review between Square, Inc. and Protegrity Corp., in which challenged claims were found…
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