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 Kevin E. Noonan — One of the statistics gleaned from Director Michelle Lee's recent blog on the post-issuance review provisions of the America Invents Act is that only 42% of inter partes review petitions have been granted over the past three years. There is no statistic in the Director's link to a more detailed…
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By Andrew Williams — More than a year ago, then-Deputy Director Michelle K. Lee posted on the Director's Forum Blog that the USPTO was seeking feedback on PTAB trial proceedings established by the Leahy-Smith America Invents Act ("AIA") (see "Deputy Directory Lee Announces the Request for Written Comments to Help Improve PTAB Proceedings"). The Office…
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By Andrew Williams — As we reported earlier, the Federal Circuit recently affirmed the PTAB's Final Written Decision in the Versata Development Group v. SAP America, Inc. case — the first appeal under the covered business method ("CBM") patent review procedure. In so doing, the Court made several ancillary determinations, such as whether the PTAB…
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By James Lovsin and Andrew Williams — Earlier this week, the Federal Circuit issued an order denying a petition for rehearing en banc in the In re Cuozzo Speed Technologies, LLC case. As we have previously reported, this case was the first appeal of the first IPR Final Written Decision for the first IPR ever…
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By Grantland Drutchas — Yesterday, we reported on the inter partes review (IPR)-specific provisions of the Managers Amendment to the PATENT ACT bil, which was passed last week by the Senate Judiciary Committee (see also "Senate Judiciary Committee Passes PATENT Act"). On June 9th, in the House of Representatives, Rep. Bob Goodlatte submitted an "Amendment in…
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Late-Breaking Section 11 Regarding IPRs Part of the PATENT Act Approved by Senate Judiciary Committee By Grantland Drutchas — As reported here last week, the Senate Judiciary Committee passed the PATENT Act bill, with a Managers Amendment that includes several IPR-specific provisions. With this Amendment, the PATENT Act now has two major components: changes to…
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By Andrew Williams — On May 19, 2015, the U.S. Patent and Trademark Office published its first "Final Rules" package of amendments to the Rule of Practice before the Patent Trial and Appeal Board ("PTAB"). Keeping with Director Lee's announcement on March 27, 2015 (see "USPTO Director Announces "Quick-Fix" and Anticipated Changes to PTAB Practice"),…
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By Grantland Drutchas and Andrew Williams — On Friday, March 27, U.S. Patent and Trademark Office Director Michelle Lee issued a statement on the PTO Blog indicating several "quick-fix" and proposed rule changes. The "quick-fix" rules package will apply to all newly filed petitions before the Board, and will be implemented in pending cases by…
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By Andrew Williams — Earlier this week, the Patent Trial and Appeal Board ("PTAB" or "Board") handed down what is thought to be the first set of inter partes review ("IPR") Final Written Decisions ("FWDs") in the biopharmaceutical industry. And unlike the case of the first set of Orange-Book related FWDs (see "PTAB Update —…
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Federal Circuit Sides with Patent Office in First IPR Final Written Decision Review By Andrew Williams — Earlier today, the Federal Circuit decided the first appeal from the Patent Trial and Appeal Board ("PTAB" or "Board") related to an inter partes review ("IPR") Final Written Decision. As we have previously reported, the In re Cuozzo…
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