Jones Day PTAB Blog

Discussion and analysis from leading patent attorneys on news and developments relating to post-issuance patentability challenges at the PTAB of the USPTO.

[Jones Day PTAB Blog @JonesDayPTAB]

Read a post discussing the PTAB’s recent efforts to consider factors related to U.S. operations of petitioners and patent owners when deciding whether to institute IPR and PGR challenges. https://t.co/Akqc6vTKbG

[Jones Day PTAB Blog @JonesDayPTAB]

Read a post discussing the current administration’s view that it should not entertain patent challenges by entities that are owned, at least in part, by a foreign government. https://t.co/0zjOY7NQDS

[Jones Day PTAB Blog @JonesDayPTAB]

Read a post discussing the current administration’s view that PGR petitions are favorable, compared to IPR petitions, and that the filing of a PGR petition may outweigh other factors in favor of a discretionary denial. https://t.co/7PUksUuk8h

#IP #PTAB

[Jones Day PTAB Blog @JonesDayPTAB]

Read a post discussing the current administration’s view on instances where joinder is appropriate at the PTAB.

https://t.co/Q7MO7NFIXV

#IP #PTAB

[Jones Day PTAB Blog @JonesDayPTAB]

Read a post discussing how a prior course of dealings between an accused infringer and the patent owner, or its predecessor, play into a “settled expectations” evaluation https://t.co/9Kke1Oby9u #PTAB

[Jones Day PTAB Blog @JonesDayPTAB]

James Loonam is serving as program chair of the New York City Bar Association’s White Collar Crime Conference on May 14. Additionally, George Turner will speak on the “Developments and Trends in White Collar Enforcement” panel. https://t.co/cnIfQrggX8

[Jones Day PTAB Blog @JonesDayPTAB]

Read a post on discussing an Informative decision where a prior institution decision was vacated based on a perceived inconsistency between the petitioner’s trial court claim construction theories and those presented at the PTAB. https://t.co/duzXmp87WZ

#IP #PTAB

[Jones Day PTAB Blog @JonesDayPTAB]

Read a blog post discussing a decision where trial was instituted based on the petitioner making a showing that the Examiner made a material error during examination. https://t.co/m8RR7YDqZs

#IP #PTAB

[Jones Day PTAB Blog @JonesDayPTAB]

Read a post describing a dissenting opinion from Chief Judge Moore which could indicate a coming shift in the Ordinary Observer Test. #IP #PTAB https://t.co/rXUaDdlGRF

[Jones Day PTAB Blog @JonesDayPTAB]

Read a post discussing a sua sponte Director Review decision denying institution because the Petitioner had argued that a claim was indefinite in the trial court while arguing that the plain and ordinary meaning should be applied at the PTAB.

https://t.co/uehFzcTcBi

#PTAB #IP

[Jones Day PTAB Blog @JonesDayPTAB]

Read a post discussing the PTAB’s current view on joinder, limiting the instances where patent challengers can rely on the 35 U.S.C. § 315(b) exception. https://t.co/H4BKBpHYO0

#PTAB #patentlaw #IP

[Jones Day PTAB Blog @JonesDayPTAB]

Read a post discussing a petitioner’s confirmation that they are pursuing the same claim constructions in the PTAB and trial courts helping move the case toward institution. https://t.co/xzmCm1KI3f

[Jones Day PTAB Blog @JonesDayPTAB]

Read a post discussing a Federal Circuit decision ruling that attachment of IPR estoppel to a petitioner does not require termination of reexams previously filed by that petitioner that are already underway. #PTAB #patentlaw #IP https://t.co/lf7EjUQUVn

[Jones Day PTAB Blog @JonesDayPTAB]

Read a post on Jones Day's PTAB Litigation Blog discussing a new program, where a petitioner can provide insight into its prior art search strategy in exchange for more favorable treatment at trial institution. #PTAB #patentlaw #IP https://t.co/b397WmLwdh

[Jones Day PTAB Blog @JonesDayPTAB]

Read a post discussing a case that was not discretionarily denied, despite some factors pointing that way, in part because the petitioner made a good showing of examiner error. #PTAB #patentlaw #IP https://t.co/Qne5zCFvvy

[Jones Day PTAB Blog @JonesDayPTAB]

Read a post by John Marlott discussing the Director’s decision to take on responsibility for all trial institution decisions, and how some think that is how the system was always supposed to operate. #PTAB #patentlaw #IP https://t.co/iYfuCLzStW

[Jones Day PTAB Blog @JonesDayPTAB]

Read a blog post discussing the PTAB’s identification of a case detailing the Board’s view on Real Party in Interest issues as precedential. #PTAB #patentlaw #IP https://t.co/e9vn6RUXCN

[Jones Day PTAB Blog @JonesDayPTAB]

Read a post discussing a PTAB panel declining to apply collateral estoppel based on a prior decision that was made using the BRI standard. #PTAB #patentlaw #IP https://t.co/NIPs6XWvBM

[Jones Day PTAB Blog @JonesDayPTAB]

Read a post on Jones Day's PTAB Litigation Blog discussing the changes that the PTAB has proposed to 37 C.F.R. 42.108(d)-(g). Comments to the Notice of Proposed Rulemaking are due December 2nd. #PTAB #patentlaw #IP https://t.co/8CWP81rj4K

[Jones Day PTAB Blog @JonesDayPTAB]

Read about a decision from the Director that overturned a #PTAB panel’s Final Written Decision that all challenged claims were unpatentable based on testimony from the petitioner’s expert that was deemed unreliable for one of the two grounds presented. https://t.co/Z4g3qTu54z