Today, the USPTO released its long-awaited “Notice Regarding a New Pilot Program Concerning Motion to Amend Practice and Procedures in Trial Proceedings under the America Invents Act before the Patent Trial and Appeal Board” (“Notice”). The Notice is a 36-page
In SAS Institute, Inc. v. Iancu, 138 S.Ct. 1348 (2018), the Supreme Court held that a Patent Trial and Appeal Board (PTAB) decision on institution of an inter partes review (IPR) petition must be binary – either all challenged claims
Through January 15, 2019, the Federal Circuit decided 466 PTAB appeals from IPRs and CBMs. The Federal Circuit affirmed the PTAB on every issue in 348 (74.68%) cases, and reversed or vacated the PTAB on every issue in 60 (12.88%)
The PTAB conducted its first oral hearing in a derivation proceeding instituted under 37 C.F.R. § 42.400 et seq. Andersen Corp. v. GED Integrated Solutions, Inc., DER2017-00007 (Paper 56). We previously discussed this case’s institution decision here on the AIA Blog,
The Patent Trial and Appeal Board issued 55 IPR and CBM Final Written Decisions in December, including decisions following remands from the Federal Circuit, cancelling 693 (73.49%) instituted claims while declining to cancel 234 (24.81%) instituted claims. Patent owners conceded
The Patent Trial and Appeal Board issued 50 IPR and CBM Final Written Decisions in November, including decisions following remands from the Federal Circuit, cancelling 540 (66.83%) instituted claims while declining to cancel 263 (32.55%) instituted claims. Patent owners conceded
Finnegan’s PTAB stats team is pleased to supplement our standard monthly statistics with a new look at how claims have fared over time for IPR cases reaching final written decision. This information was compiled through the end of the third
Through September 15, 2018, the Federal Circuit decided 418 PTAB appeals from IPRs and CBMs. The Federal Circuit affirmed the PTAB on every issue in 310 (74.16%) cases, and reversed or vacated the PTAB on every issue in 53 (12.68%)
The Patent Trial and Appeal Board issued 39 IPR and CBM Final Written Decisions in August, including decisions following remands from the Federal Circuit, cancelling 424 (75.58%) instituted claims while declining to cancel 131 (23.35%) instituted claims. Patent owners conceded
Last week, the Patent & Trademark Office revised its Standard Operating Procedures 1 and 2, which address, among other things, the processes for assigning PTAB judges to panels, for designating PTAB decisions precedential, and for seeking rehearing of issues in
