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The following article originally ran in the American Immigration Lawyers Association blog, ‘Think Immigration’ and can be viewed here. I am a proud member of the Class of 1996 of Thurgood Marshall School of Law at Texas Southern University, one of the largest historically black universities in the United States.    Historically Black Colleges and Universities, referred to as HBCUs, are institutions of higher education created prior to the Civil Rights Act of 1964…
On March 15, 2019, the USPTO implemented a pilot program making certain changes to motion to amend practice in AIA trial proceedings. Historically, motions to amend have been filed in only 11% of AIA trial proceedings, demonstrating their lack of popularity. The vast majority of motions, 86%, filed prior to the pilot program were denied. In view of this context, the USPTO developed the pilot program to provide “an improved amendment practice in AIA trials … that is…
The USPTO issued guidance on the standard for addressing indefiniteness in AIA trial proceedings.  The PTAB will apply the Nautilus standard in AIA trial proceedings which is the same standard used by district courts and the ITC. As background, the USPTO historically applies the standard articulated in In re Packard, 751 F.3d 1307 (Fed. Cir. 2014) for assessing indefiniteness in ex parte patent examination.  District courts, on the other hand, assess indefiniteness under the standard…
On the morning of his inauguration, President-elect Joe Biden announced his proposed legislation as part of his administration’s effort for immigration reform. The legislation, titled the U.S. Citizenship Act of 2021, is a comprehensive immigration legislation that improves paths to citizenship, family-based immigration, and employment-based immigration. Specifically, the U.S. Citizenship Act of 2021 targets three areas: (1) Provide pathways to citizenship and strengthen labor protections; (2) Prioritize smart border controls; and (3) Address root causes…