by John Marlott | Jun 21, 2023 | PTAB News, PTAB Trial Basics, Trial Institution
By John Marlott and Ryan Mueller – If a PTAB panel finds “compelling merits” of unpatentability when making its initial institution decision, is there any realistic chance that same PTAB panel will reach a different result in the final decision at the conclusion...
by John Marlott | Mar 16, 2023 | Estoppel, Other News
By John Marlott and Sachin Patel* – What invalidity grounds is a petitioner barred from raising in parallel district court or ITC litigation after the petitioner previously challenged the patent and the PTAB has issued a final written decision? The U.S. Supreme...
by John Marlott | Jan 5, 2023 | Amendment Practice, PTAB News, PTAB Trial Basics
By Sachin Patel and John Marlott – The Federal Circuit has upheld the PTAB’s relatively liberal approach to proposed claim amendments in an IPR, holding that so long as a proposed substitute claim includes an amendment made in response to an...
by John Marlott | Oct 6, 2022 | Amendment Practice, PTAB News
By John Marlott – The United States Patent and Trademark Office (USPTO) has again extended the Motion to Amend (MTA) Pilot Program at the Patent Trial and Appeal Board (PTAB). The MTA Pilot Program provides a patent owner who files a motion to amend in a trial...
by John Marlott | Dec 28, 2021 | PGR, PTAB News
By John Marlott – PGR petition filings were up slightly over the prior USPTO fiscal year, but the long-term historical trend continues to show that PGR challenges remain relatively infrequent. We recently reported on the PTAB’s release of its final statistics...
