On February 3, 2026, the United States Patent and Trademark Office (USPTO) de-designated Proppant Express Investments, LLC v. Oren Technologies, LLC and Adello Biologics LLC v. Amgen Inc. from precedential status. In both decisions, the Patent Trial and Appeal Board
Federal Circuit Reverses PTAB’s Precedential Opinion Panel on Aspects of Joinder
In a previous post, we reported that the PTAB’s Precedential Opinion Panel (POP) tackled issue joinder in Proppant Express Investments v. Oren Techs. IPR2018-00914, Paper 24 at 2.
As background, in Proppant, the POP addressed the following issues:
The Impact of the Federal Circuit’s Decision in Facebook v. Windy City on PTAB Practice: No Same Party or Issue Joinder and No Deference to POP Decisions on Statutory Interpretation
On Wednesday March 18, 2020, the Federal Circuit held that the first decision released by Director Iancu and the USPTO Precedential Opinion Panel (“POP”), in Proppant Express Investments, LLC v. Oren Techs., LLC, was incorrect. The Federal Circuit found
CAFC Reverses PTAB POP Precedent
Court Finds Issue Joinder Inconsistent with AIA Statute
As I predicted back in August, the Federal Circuit has now effectively reversed the PTAB’s first Precedential Opinion Panel (POP) decision in Proppant Express Investments v. Oren Technologies, Case IPR2018-00914 (PTAB
PTAB Issue Joinder Could Live On Despite CAFC Outcome
Agency Discretion May Permit Joinder of New Party Claims
Issue joinder practice at the Patent Trial & Appeal Board (PTAB) has had a storied history to date. As a reminder, the debate at the agency (spawning the now infamous “panel
Director of PTO Requests Chevron Deference for Precedential Opinion Panel
The Federal Circuit recently asked the government to submit an amicus brief to address “what, if any, deference should be afforded to decisions of a Patent Trial and Appeal Board Precedential Opinion Panel (‘POP’), and specifically to the POP opinion
CAFC Poised to Strike Down PTAB’s First POP Decision
Issue Joinder on the Way Out?
As discussed some months back, the Patent Trial & Appeal Board’s (PTAB) new Precedential Opinion Panel (POP) decided its first case in Proppant Express Investments v. Oren Technologies, Case IPR2018-00914 (PTAB Mar. 13, 2019)
IPR and CBM Statistics for Final Written Decisions Issued in April 2019
The Patent Trial and Appeal Board issued 46 IPR and CBM Final Written Decisions in April, including decisions following remands from the Federal Circuit, cancelling 400 (68.14%) instituted claims while declining to cancel 182 (31.01%) instituted claims. Patent owners conceded
Hogan Lovells’ U.S. + Germany Patent Update
Hogan Lovells’ U.S. + German Patent Update reports on recent patent news and cases from Germany and the United States. The most recent update is available in English here. This update covers the following developments across the U.S. and
PTAB Ramps Up Issuance of AIA Trial Precedent
Previous PTAB Opinions Designated Precedential
Yesterday, the Patent Trial & Appeal Board (PTAB) designated two older AIA trial decisions, and one recent decision, precedential. These three decisions follow last week’s Precedential Opinion Panel (POP) decision in Proppant Express Investments v.