Supplemental Examination has been in place for a few years now, (see Nyshadham, Burgy, Murphy, Lewis, and Irving, “AIA Supplemental Examination Nuts and Bolts: Get it in Your Toolbox and Don’t Leave Home Without It,” AIA Prosecution First blog post
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
Supplemental Examination is a tool created by the America Invents Act (“AIA”) that, according to the legislative history, was designed to give patent owners the ability to request that the USPTO review information that might later provide a basis for
Effective September 16, 2012, the America Invents Act allows a patent owner to request Supplemental Examination of a patent by the U.S. Patent and Trademark Office (“USPTO”). Supplemental Examination gives patent owners a proactive tool to have the USPTO consider,
Through May 15, 2019, the Federal Circuit decided 524 PTAB appeals from IPRs and CBMs. The Federal Circuit affirmed the PTAB on every issue in 388 (74.05%) cases and reversed or vacated the PTAB on every issue in 70 (13.36%)
The Patent Trial and Appeal Board issued 44 IPR and CBM Final Written Decisions in March, including decisions following remands from the Federal Circuit, cancelling 404 (75.23%) instituted claims while declining to cancel 116 (21.60%) instituted claims. Patent owners conceded
Decision: ModernaTX, Inc. v. Curevac AG, IPR2017-02194, Paper 45 (P.T.A.B. April 16, 2019) (SAWERT, Moore, Mitchell)
Holding: The PTAB determined that Petitioner showed by a preponderance of the evidence that claims 1-26 of U.S. 8,383,340 would have been unpatentable as
Through March 15, 2019, the Federal Circuit decided 495 PTAB appeals from IPRs and CBMs. The Federal Circuit affirmed the PTAB on every issue in 366 (74.09%) cases and reversed or vacated the PTAB on every issue in 66 (13.36%)
The Patent Trial and Appeal Board issued 34 IPR and CBM Final Written Decisions in February, including decisions following remands from the Federal Circuit, cancelling 408 (66.89%) instituted claims while declining to cancel 192 (31.48%) instituted claims. Patent owners conceded
The PTAB issued a final written decision in Andersen Corp. v. GED Integrated Solutions, Inc., DER2017-00007, concluding its first derivation proceeding instituted under 37 C.F.R. § 42.400 et seq. (Paper 57.) Andersen had not demonstrated, by a preponderance of the evidence,
