ALEXANDRIA, Va. – January 11, 2022 – Buchanan Ingersoll & Rooney intellectual property attorneys obtained a favorable decision from the U.S. Patent and Trademark Office Patent and Appeal Board (PTAB) on behalf of Hamilton Technologies LLC in an inter partes review patent
Buchanan PTAB Report
Latest from Buchanan PTAB Report
USPTO Denies First Requests for Director Review of IPR Decisions After Arthrex
By Roger Lee
As a result of the recent Supreme Court decision in U.S. v. Arthrex, Inc., the USPTO implemented an interim review procedure where review of a PTAB final written decision may be initiated by the Director or requested by a…
IPRs Survive Supreme Court Scrutiny by Allowing USPTO Director to Review PTAB Decisions
The Supreme Court issued a decision today in U.S. v. Arthrex, Inc. upholding the use of inter partes reviews (IPRs) to challenge the validity of issued patents under the America Invents Act. While the Court determined that administrative patent judges (APJs) of the USPTO’s…
Todd Walters to Present USPTO LEAP Webinar
On Monday, April 5, Todd Walters, Chair of the firm’s Patent Office Litigation practice and Co-Chair of the Intellectual Property section, will be presenting to members of the United States Patent and Trademark Office’s Legal Experience and Advancement Program (LEAP).…
Granted Motions To Amend Rising Under PTAB Pilot Program
By Roger Lee
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…
PTAB Adopts Nautilus Indefiniteness Standard in AIA Trial Proceedings
By Roger Lee
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 Publishes Final Rule Related to AIA Trial Practice
By Roger Lee
The USPTO published a final rule relating to AIA trial proceedings before the Patent Trial and Appeal Board (“PTAB”). The final rule addresses three aspects of AIA trial proceedings.
First, the rule formally implements the PTAB’s current guidance concerning the…
USPTO Provides Analysis on the Impact of the PTAB’s Motion to Amend Pilot Program
By Roger Lee
The USPTO recently issued comments concerning the impact of the PTAB’s motion to amend (“MTA”) pilot program on AIA trials.
The PTAB’s MTA pilot program was implemented in March of 2019. The pilot program provides a patent owner with two…
New Wave of Patent Litigation Possible After Covered Business Method Review Program Ends
The transitional Covered Business Method (CBM) review program saw its end on September 16, 2020. Under the CBM review program, a party believing that a patent directed to a financial product or service did not cover patentable subject matter (i.e.,…
USPTO Announces Fast-Track Appeals Pilot Program
The U.S. Patent and Trademark Office (USPTO) has announced a Fast-Track Appeals Pilot Program to allow an Appellant to have an ex parte appeal advanced out of turn. The effective date of the program is July 2, 2020. The target is…