Boardside Chat This Thursday
The PTAB will host its next Boardside Chat webinar on Thursday, April 17, noon to 1 p.m. ET, for a discussion of the new interim processes for PTAB workload management. The new processes concern institution of AIA
Expansion of ITC Domestic Industry Coupled with PTAB Immunity = Greater ITC Appeal
Since Ebay v. MercExchange in 2006, patentees have lamented the practical loss of injunctions in most patent litigation. In the 20 years since, neither the courts nor
Vidal Memo Withdrawn
As expected, the USPTO has now rescinded the June 21, 2022, memorandum entitled “Interim Procedure for Discretionary Denials in AIA Post-Grant Proceedings with Parallel District Court Litigation” (Memorandum) issued by Former Director Vidal. The change
Free Webinar February 27th
It’s been an eventful (cough .. understatement.. cough) few months for USPTO judges and patent examiners as the Trump administration has seemingly targeted all federal agencies as wasteful money pits. Stakeholders are also struggling to make
Early 2025 CLE
We are two weeks away from the marquee PTAB practitioner event of 2025 – PTAB Masters! This high-level, interactive, limited enrollment program includes discussions on all aspects of the PTAB practice led by highly experienced practitioners and
Director Considers Common Customer/Supplier Indemnification Scenarios
Earlier this year, the USPTO Director clarified that competitors of a multi-defendant suit do not necessarily share a “significant relationship” consistent with PTAB precedent to justify a discretionary denial of an otherwise meritorious IPR
Another Symbolic Gesture at Year End
This past Thursday the Senate Judiciary Committee voted to advance the so-called Promoting Respecting Economically Vital American Innovation Leadership Act (PREVAIL) to the Senate floor — barely, by a vote of 11-10. The Bill
Federal Circuit to Reconsider In re Cellect Carve Out?
Back in August, the Federal Circuit issued its long-awaited decision in Allergan v. MSN Laboratories Private Ltd. That decision distinguished In re Cellect as not generally deciding that a second later
Final Rules Expand Director Review Reach
The USPTO has now issued a final rule package (here) to implement the Director Review process in AIA trial proceedings. The final rules follows the Notice of Proposed Rulemaking (NPRM) of April
CAFC Distinguishes Cellect Based on First-in-Time Patent Term
Today the Federal Circuit issued its long-awaited decision in Allergan v. MSN Laboratories Private Ltd. As expected by many following the case, the Court decided that being “first” matters in double patenting