by Matthew Johnson | Jan 28, 2019 | PGR
By Sue Gerber and Matt Johnson The America Invents Act (“AIA”), also called the Patent Reform Act of 2011, was enacted to overhaul the U.S. patent system and harmonize the domestic patent laws with those in the rest of the world. The AIA also created new procedures...
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...
by Sue Gerber | Apr 3, 2018 | Estoppel, PGR
By: Sue Gerber While claims among patents in the same family can be very similar, such similarities are not enough for the statutory estoppel provision of 35 U.S.C. §325(e)(1) to apply. In Telebrands Corp. v. Tinnus Enterprises, LLC, the PTAB interpreted the scope of...
by John Marlott | Feb 22, 2017 | Federal Circuit Appeal, PGR
By Christian Damon and John Marlott In a post last month we explained that the standard applied by the PTAB in post grant proceedings for determining whether claims are sufficiently definite under 35 U.S.C. §112(b) is more demanding than the standard applied by U.S....
by John Marlott | Jan 19, 2017 | CBMs, PGR
By John Marlott The definiteness requirement for patent claims is set forth in Section 112(b), mandating that a patent specification conclude with one or more claims “particularly pointing out and distinctly claiming subject matter which the applicant regards as his...
by Jones Day's PTAB Team | Feb 5, 2016 | Petitions, PGR, Time Limits
US Endotronics, LLC. v. Gold Standard Instruments, LLC., PGR2015-00019 Patent applications filed on or after March 16, 2013, that claim priority to an application filed before March 16, 2013 (“transition applications”), are examined under pre-AIA first-to-invent...
