Patent Law Weblog
recent posts
- Why the Alice Test is Stupid, Part IV: The Usefulness Paradox
- Teva Capitulates to Federal Trade Commission Coercion
- USPTO Issues Memoranda on Subject Matter Eligibility
- USPTO Revokes Guidance on AI-Assisted Inventorship, But Rules Remain Basically the Same
- Why the Alice Test is Stupid, Part III: Eligible Independent Claims Can Have Ineligible Dependent Claims
about
Category: Patent Trial and Appeal Board
-
By Kevin E. Noonan – On September 28, 2022, the Patent Trial and Appeal Board denied all preliminary motions by Junior Party the Broad Institute, Harvard University, and MIT (collectively, "Broad") and Senior Party ToolGen in Interference No. 106,126. On the same day, the Board suspended further proceedings in this interference (and in Interference No. 106,127…
-
By Kevin E. Noonan – On September 28, 2022, the Patent Trial and Appeals Board suspended proceedings in Interference No. 106,126, between junior Party the Broad Institute, Harvard University and MIT (collectively, "Broad") and Senior Party ToolGen, and in Interference No. 106,127, between Junior Party the University of California, the University of Vienna, and Emmanuelle Charpentier…
-
By Kevin E. Noonan – The Federal Circuit affirmed the Patent Trial and Appeal Board's (PTAB) Final Written Decision (FWD) in an inter partes review (IPR) that Mylan Pharmaceuticals failed to show the claims of U.S. Patent No. 7,326,708 were either anticipated or rendered obvious by the asserted prior art, in Mylan Pharmaceuticals Inc. v. Merck…
-
By Kevin E. Noonan – The PTAB held an Oral Hearing between Junior Party the University of California, the University of Vienna, and Emmanuelle Charpentier (collectively, "CVC") and Senior Party ToolGen on September 12th, bringing to a close proceedings in the Preliminary Motions phase of Interference No. 106,127. As a reminder, the parties had filed the…
-
By Kevin E. Noonan – The Patent Trial and Appeal Board held an Oral Hearing between Junior Party the Broad Institute, Harvard University and MIT (collectively, "Broad") and Senior Party ToolGen on September 12th, bringing to a close proceedings in the Preliminary Motions phase of Interference No. 106,126. As a reminder, the parties had filed the…
-
By Michael Borella and Ashley Hatzenbihler* — The U.S. Patent and Trademark Office (USPTO) established its Patent Trial and Appeal Board (PTAB) in September 2012. As mandated by the America Invents Act, the PTAB conducts administrative trials, such as inter partes reviews, and handles appeals from examiner rejections of patent applications. Regarding the trials, former…
-
By Kevin E. Noonan – On August 16th, the Patent Trial and Appeal Board rescheduled back-to-back oral hearings for interferences between ToolGen Inc. (Senior Party) and Junior Party The Broad Institute, Massachusetts Institute of Technology, and The President and Fellows of Harvard College (collectively, "Broad," Interference No. 106,126) and Junior Party The Regents of the University of…
-
By Kevin E. Noonan — On July 18th, the Patent Trial and Appeal Board scheduled back-to-back oral hearings interferences between ToolGen Inc. (Senior Party) and Junior Party The Broad Institute, Massachusetts Institute of Technology, and The President and Fellows of Harvard College (collectively, "Broad," Interference No. 106,126) and Junior Party The Regents of the University…
-
By Kevin E. Noonan — Captioned disarmingly as a Notice of Related Proceedings under 37 C.F.R. § 41.8(a)(1) and ¶ 8.2 of the Standing Order, Junior Party the University of California/Berkeley, the University of Vienna, and Emmanuelle Charpentier (collectively, "CVC") somewhat boldly asserted in its June 6th filing that the Board no longer had jurisdiction…
-
By Kevin E. Noonan — On December 3rd, Junior Party the Broad Institute, Harvard University, and MIT (collectively, Broad) filed its Contingent Preliminary Motion No. 3 in Interference No. 106,133 (which names Sigma-Aldrich as Senior Party), asking the Patent Trial and Appeal Board to designate certain claims deemed in the Declaration as corresponding to the Interference…
Patent Docs 