Free Program Spans April 19-22nd
For those seeking some PTAB-related CLE programming this spring, look no further than IPWatchdog. The inaugural PTAB Masters™ program, will be presented by IPWatchdog® next week, April 19-22nd. Each day the webinar will provide a different PTAB related topic. Tune in each day for 2-3 hours of interactive content.
I am pleased to chair this program together with Robert Greene Sterne. The inaugural program will provide the patent…
Are Continuation Patents Still Viable After a Parent is Cancelled?
Patent families are formed of multiple continuation/divisional filings stemming from the same disclosure. Typically, continuation patents present marginally different claim sets. An age old prosecution strategy is to keep a continuation pending to adapt claim sets in an iterative fashion to competitor designs. But what is the impact of the PTAB cancellation of a parent patent’s claims on such pending continuations?…
Unified Patents Insights Webinar This Thursday
This Thursday April 1st, Unified Patent’s Insight Webinar series (free) will present its April offering at 12PM(EST):
The PTAB and the Western Way: How Judge Albright’s Court and the Board Interact
In the webinar, the panel will explore the impact of the Western District of Texas on the patent landscape, particularly how it has affected the ability to seek AIA trial proceedings at the Patent Trial and Appeal Board…
Joinder Estoppel Revisited
A few weeks back, the federal Circuit handed down a decision in Uniloc 2017 LLC v. Facebook Inc, capping off a complicated procedural history. In its decision, the Court sorted out the estoppel impact of IPRs finishing a few months earlier than others, and what that meant for parties common to these IPRs.
Left unanalyzed, however, was whether or not the PTAB’s initial finding of estoppel was appropriate in the first instance…
APA Challenge Strikes a Chord
I’ve read a number of articles over the past few days that argue since the mandamus on Fintiv failed in Mylan Laboratories Ltd. v. Janssen Pharmaceuticals N.V., that this decision somehow forecloses the relief sought in the APA suit against the USPTO — not even close. The question of appellate jurisdiction over denied institution decisions (or what would amount to a proper mandamus) has absolutely nothing to do with the…
Webinar to Discuss Motions at the PTAB
This Thursday March 18th, from noon to 1PM (EST), the PTAB will conduct a Boardside chat to discuss motions practice in PTAB trial proceedings.
Judges Erica Franklin and Eric Jeschke will present an overview of requirements for PTAB trial motions in general and provide a review of certain types of motions.
The webinar is free and open to all. There will be a Q&A session at the end.…
Targeting a Moving Target
For those seeking some PTAB-related CLE this month, don’t miss today’s one-hour briefing, entitled: PTAB 2021 – Targeting a Moving Target. Practising Law Institute is presenting the program today at 1pm (EST).
Register (here)
The program will explore the recent uptick in reexamination filings, the current trends with respect to 314(a), the potential impact of Arthrex and a new Director, pending 314(a) litigation, potential rule changes/proposals and more. …
Amicus Briefing May Help Get SCOTUS Attention on Growing 101 Morass
In one of the more closely-watched cases involving patent eligibility, American Axle v. Neapco, Judge Moore recently highlighted how “bitterly divided” the Federal Circuit is on patent eligibility, and predicted with a “reasonable probability” that the Supreme Court will step in and force the Federal Circuit to reverse course on issues of eligibility.
American Axle—involving driveline propeller shafts for automotive engines—highlights the sharp divide…
Inconsistency Across Related Cases is Precluded
When challenging related patents at the Patent Trial & Appeal Board (PTAB), it is not uncommon to present similar grounds of unpatentability across related filings— for example, where the claim sets are substantially similar. In such scenarios, it is expected that the PTAB will arrive at consistent determinations across the filings. Of course, there is no guarantee, that the same judge will decide all of the cases. In such…