The Federal Circuit in University of Strathclyde v. Clear-Vu-Lighting, 2020-2243 (Nov. 4, 2021) reminded practitioners and the PTAB that factual findings – including the presence of claim elements in prior art references and whether a person of skill (POSA) would have had a reasonable expectation of success in combining references – must be supported by substantial evidence
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Posts Tagged ‘PTAB’
Blue Light Special: Federal Circuit Reverses PTAB Obviousness Determinations Due to Lack of Substantial Evidence
November 8th, 2021
Mark-Up of 35 U.S.C. Showing Proposed Changes from the Restoring AIA Bill and Initial Commentary, Part I
October 5th, 2021
Attached is a mark-up of the relevant sections of U.S. Code Title 35 showing the changes proposed by the recently-released “Restoring America Invents Act” authored by Senators Patrick Leahy (D-VT) and John Cornyn (R-TX).
Denying IPR Based on Third Party Litigation Not a Due Process Violation
March 16th, 2021
A decision from the Federal Circuit published March 12, 2021 upheld a Patent Trial and Appeal Board (PTAB) order denying institution of an inter partes review (IPR) because a district court case not involving the petitioner was imminently headed to trial.
Inter Partes Reviews – Patent Owners to Get a Helping Hand?
May 28th, 2020
Proposed rule changes by the United States Patent & Trademark Office (USPTO) published on May 27, 2020 may finally help improve patent owners’ odds of avoiding inter partes reviews (IPRs).
SCOTUS Ruling Forecloses More Appeal Issues on PTAB Decisions
May 6th, 2020
Patent owners have lost another potential appeal argument relating to Patent Trial and Appeal Board (PTAB) decisions after a recent decision by the U.S. Supreme Court.
Revised PTAB Operating Procedures Will Mean Transparency and Reliability for Patent Owners
October 4th, 2018
The Patent Trial and Appeal Board (PTAB), created in 2012 as part of the America Invents Act, a branch of the United States Patent and Trademark Office (USPTO) that hears appeals to adverse examiner decisions and conducts trials, including inter partes reviews and post-grant challenges. Ideally, the PTAB is meant to ensure the predictable, uniform, and unbiased application of USPTO policy to patent applications.
Topics
- USPTO to Delay the Effective Date of the Non-DOCX Filing Fee
- Duty of Disclosure
- Blue Light Special: Federal Circuit Reverses PTAB Obviousness Determinations Due to Lack of Substantial Evidence
- Federal Circuit Reaffirms Valeant Hatch-Waxman Venue Ruling
- USPTO Announces DOCX Requirement for Certain Patent Applications