PTABWatch @PTABWatch

ptabwatch.com Chicago, IL Joined August 2015

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PTABWatch @PTABWatch

4 years ago

Are there instances where district courts should apply collateral estoppel to #PTAB findings of fact and thereby simplify an otherwise costly jury trial over patent validity? bit.ly/3epjb6a #interpartesreview #estoppel

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PTABWatch @PTABWatch

4 years ago

The PTAB is poised to make a rare decision based on which credible fact witness’s conflicting testimony is more credible. Partner Sandip Patel discusses the details at PTABWatch.com: bit.ly/3ABFKOm #interpartesreview #PTAB

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PTABWatch @PTABWatch

4 years ago

In a recent case, the #PTAB found a patentee complied with its duty of disclosure. Read partner Sandip Patel's summary here: bit.ly/3xwAKaC #interpartesreview #dutyofdisclosure

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PTABWatch @PTABWatch

4 years ago

“No design patents for you!” Federal Circuit complicates reliance on secondary considerations of non-obviousness for design patent applicants and owners. Read the latest post from partner Jeremy Kriegel here: bit.ly/3JDDc2O #interpartesreview #designpatent #PTAB #SCOTUS

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PTABWatch @PTABWatch

4 years ago

The Federal Circuit recently concluded that a patentee’s admissions concerning the content of the prior art, contained in the specification of the challenged patent, cannot serve as a ground to invalidate that patent in #interpartesreview. bit.ly/35B6qld

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PTABWatch @PTABWatch

4 years ago

IPR petitioners should beware of recent #FederalCircuit decisions shaping the statutory estoppel provision. Partner Sandip Patel goes into detail here: bit.ly/3KaYmWQ #interpartesreview #estoppel

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PTABWatch @PTABWatch

4 years ago

Here is one way to challenge a continuation patent’s written description and cancel its claims in #interpartesreview -- bit.ly/34F8SGu #PTAB

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PTABWatch @PTABWatch

5 years ago

Click through to learn why patent claims the Patent Office concluded were not patentable remain enforceable? bit.ly/3FJRDAK #interpartesreview

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PTABWatch @PTABWatch

5 years ago

Recent #FederalCircuit decisions call into question the value of patents broadly claiming inventions on antibodies. That trend continues with the court’s decision in Teva Pharms. v. Eli Lilly & Co. bit.ly/3pm1aZZ #interpartesreview

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PTABWatch @PTABWatch

5 years ago

@JulianneHartzel writes about a recent #PTAB decision to institute IPR despite an arbitration agreement, and why it's nonappealable: bit.ly/3p3TawI #interpartesreview

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PTABWatch @PTABWatch

5 years ago

On May 28, the Federal Circuit found obvious the claims of a patent directed to #telepharmacy, describing a process allowing a pharmacist to remotely supervise and approve the work of non-pharmacists in filling drug orders. bit.ly/3aaIK5S #interpartesreview #PTAB

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PTABWatch @PTABWatch

5 years ago

The Federal Circuit, when viewing the evidence as a whole, determined that a reference’s copyright date, rather than a publication date written on the reference, should be used to qualify the reference as prior art. bit.ly/3DhSo3T #priorart #interpartesreview

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PTABWatch @PTABWatch

5 years ago

The Supreme Court decided that the #PTAB’s judges deciding IPRs were unconstitutionally appointed, and fixed that violation by holding unenforceable a statutory limitation on the PTO Director’s authority to review IPR decisions. bit.ly/3xPe0kj #interpartesreview

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PTABWatch @PTABWatch

5 years ago

Even though #priorart references are often enabling for what they disclose, a recent decision may present a tool for patentees to argue for the patentability of their claims where a given prior art reference lacks enablement. bit.ly/3zvfZw5 #PTAB #interpartesreview

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PTABWatch @PTABWatch

5 years ago

The Patent Trial and Appeal Board recently presented an update on the “Fast-Track Appeals Pilot Program” the #PatentOffice initiated in July 2020. The program is designed to reduce the pendency of #exparte appeals. Read more: bit.ly/3vWBPG5

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PTABWatch @PTABWatch

5 years ago

In cxLoyalty, Inc. v. Maritz Holdings Inc., the Federal Circuit affirmed a #PTAB final written decision in a CBM proceeding canceling Maritz’s original claims related to a GUI for a customer loyalty program, as ineligible for patenting. bit.ly/3enkQac

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PTABWatch @PTABWatch

5 years ago

A few years ago, the #FederalCircuit acknowledged its jurisdiction to decide appeals of the Board’s final written decisions in AIA trials, but explained that an appellant (AIA Trial petitioner) must demonstrate it has standing. bit.ly/3voIoAP #PTAB

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PTABWatch @PTABWatch

5 years ago

The #PTAB has the authority to raise grounds of unpatentability that are not asserted by the petitioner in “rare” circumstances, but relying on that potential rarity may be a poor tactical decision. Learn more: bit.ly/2MkZMWA

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PTABWatch @PTABWatch

6 years ago

Learn more about how the #FederalCircuit vacated and remanded a #PTAB decision that a Petitioner did not sufficiently prove unpatentability because a printed publication on which it relied was not sufficiently analogous to the claimed subject matter. bit.ly/39pgUBU

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PTABWatch @PTABWatch

6 years ago

The #PTAB declares interferences to avoid the embarrassment and marketplace chaos where the Patent Office issues two patents on the same invention to different parties. But when the Board declares and adjudicates interferences often depends on the parties. bit.ly/3qfvG5M