by S. Christian Platt | Dec 2, 2024 | Amendment Practice, PTAB News, PTAB Trial Basics
By Adam J. Cook, Kristen VandeVoort,* Daniel Sloan, and Christian Platt – On October 18, 2024, the USPTO’s final rule regarding Motion to Amend (“MTA”) practice and procedures in trial proceedings under the America Invents Act became effective. The rule makes...
by S. Christian Platt | Dec 20, 2020 | Amendment Practice
By Megan McKnelly* and S. Christian Platt – On December 3, 2020, the Patent Trial and Appeal Board (“PTAB”) released data regarding the usage and success rates of its Motion to Amend (“MTA”) Pilot Program (“Pilot”). All PTAB cases instituted on or after March...
by S. Christian Platt | Feb 21, 2019 | Trial Institution
By Jihong Lou, Christian Platt, and Tom Ritchie Last April, in SAS Institute, Inc. v. Iancu, 138 S. Ct. 1348 (2018), the Supreme Court held that after instituting an inter partes review, the PTAB must decide the patentability of all of the claims the petitioner has...
by S. Christian Platt | Feb 20, 2019 | CBMs
By Jihong Lou and Christian Platt In a nonprecedential per curiam decision, the Federal Circuit vacated the PTAB’s final written decisions in five covered business method (“CBM”) reviews on four related e-trading patents as “arbitrary and capricious” because those...
by S. Christian Platt | Nov 12, 2018 | PGR, Prior Art Issues
By Christian Platt, John Evans, and Kerry Barrett On October 23, 2018, the PTAB found unpatentable B/E Aerospace’s U.S. Design Patent No. D764,031 (“’031 patent”). C&D Zodiac, Inc. v. B/E Aerospace, Inc., PGR2017-00019, Paper 37 (PTAB Oct. 23, 2018). The ’031...
