Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged ptab amendment · clear
Roughly 10% of AIA Proceedings Involve Amendments Earlier this week the Patent Trial & Appeal Board (PTAB) released the sixth installment of its Motion to Amend Study. The study tracks and analyzes all motions to amend filed in America Invents Act trials,…
CAFC Decision Moots Some POP Consideration in Hunting Titan Dispute Last November, the PTAB ordered Precedential Opinion Panel (POP) review of the final written decision in Hunting Titan, Inc. v. DynaEnergetics GmbH & Co. KG, Inc., IPR2018-00600. The…
Burden of Persuasion to Demonstrate Unpatentability on Petitioner The United States Patent and Trademark Office (USPTO) has issued a Notice of Proposed Rulemaking (NPRM) to allocate the burdens of persuasion on motions to amend in AIA trial proceedings…
PTAB Updates Amendment Precedent Today, the Patent Trial & Appeal Board (PTAB) designated Lectrosonics, Inc. v. Zaxcom, Inc , (IPR2018-01129, 01130, Paper 15 (Feb. 25, 2019) precedential as to the agency’s interpretation of 35 U.S.C § 316(d),…
New Proposal May Only Amplify Current Amendment Criticisms A few weeks back, the USPTO published a Request for Comments (RFC) ( here ) on a proposed procedure for motions to amend in AIA Trial Proceedings. The proposal provides for a pilot program in which…
Pilot Program Would Provide for Separate Briefing and Board Feedback The USPTO has published a Request for Comments (RFC) ( here ) on a proposed procedure for motions to amend in AIA Trial Proceedings. The proposal provides for a pilot program in which the…
Rebutting the Presumption of Unreasonability Given the complications associated with amending litigated claims , amendment is still relatively rare at the Patent Trial & Appeal Board (PTAB). Yet, there remain Patent Owners willing to amend claims in…
Agency Still Responding to Criticism on Amendment Difficulty A constant criticism of the Patent Trial & Appeal Board (PTAB) has been the perceived difficulty in amending claims in an AIA trial proceeding. In response, the PTAB has pointed out that the vast…
On April 26, 2018, the USPTO issued a one-page guidance document on the impact of the Supreme Court’s recent decision, SAS Institute Inc. v. Iancu, on AIA trial proceedings. As has been widely reported, SAS reversed the PTAB’s long-standing…
2017: A Year of CAFC Feedback & Agency Refocus With so much attention being paid to Oil States , it was easy to lose sight of many of the more noteworthy Patent Trial & Appeal Board (PTAB) related decisions of 2017. Last year brought significant feedback…
