Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged post grant review · clear
On November 16, 2017, the USPTO issued new procedures ( “ Standard Operating Procedure 9” ) for governing cases remanded from the Federal Circuit. These procedures are applicable to all decisions remanded from the Federal Circuit to the PTAB,…
The USPTO announced that the official fees for IPR and PGR will increase significantly starting on January 16, 2018. See 82 Fed. Reg. 52780, 52807 (Nov. 14, 2017). The IPR petition request fee will increase $6,500 (from $9,000 to $15,500) and the…
Written by Peter Law and Kerry S. Taylor, Ph.D. September 16, 2017 marked five years since the Patent Trial and Appeal Board (PTAB) was created. Some of the notable statistics and trends of the previous 5 years are shown here. As of September 18, 2017,…
In re Packard Inextricably Linked to Patent Examination Practices? Back in 2014, the Federal Circuit determined the standard for a USPTO indefiniteness analysis in In re Packard ( here ). This standard was more deferential to the agency as compared to the…
Last month, the Federal Circuit made clear that Article III standing is necessary for petitioners to appeal from adverse decisions in AIA trial proceedings in Phigenix, Inc. v. ImmunoGen, Inc. ( here ) The Phigenix decision follows an earlier decision ,…
