Tags » America Invents Act

PTAB: Action involving license agreement does not grant standing to file petition for covered business method review

A covered business method (CBM) review is a tool that the America Invents Act (AIA) created to allow entities charged with infringement of a CBM patent to challenge the patent’s validity. 175 more words


Pharmaceutical Patents: Obvious or Not, and Using Which Standard?

By Sneha Mascarenhas

In the last 50 years, the number of utility patent applications under which pharmaceutical patents fall has increased from 86,000 to 578,000, while the issuance rate of patents of foreign origin including utility, plant, and design increased from one-quarter to one-half. 505 more words

Current Perspectives

No Second Bite Of The Apple for Square, Inc. – PTAB Applies Estoppel Provision Of 35 U.S.C. §325(e)(1) TO CBM Review

By Reza Mollaaghababa
In the case of Square, Inc. v. Unwired Planet, LLC (CMB2015-00148), the PTAB held that the grounds raised by Square, Inc. (Petitioner) to challenge the validity of claims 1-4 of Unwired Planet’s U.S. 567 more words

America Invents Act

Ethicon Endo-Surgery, Inc. v. Covidien LP

Docket Nos. 2014-1771 (IPR2013-00209)

January 13, 2016

Brief Summary: FC concluded same Board panel may both decide whether to institute IPR and render the final decision on the merits. 463 more words


Merck & CIE v. Gnosis S.P.A. et al.

Docket Nos. 2014-1779

December 17, 2015

Brief Summary: PTAB decision of obviousness affirmed (motivation derived from prior art, no nexus shown). Judge Newman’s dissent argues post-grant review improperly allows “the petitioner provide invalidity by no more than a preponderance of the evidence” and that the obviousness conclusions are based on hindsight (“Only hindsight provides such prophesy.”). 726 more words


Steve Hall to present at the Defense Research Institute's Intellectual Property Seminar

Steve Hall, member of Wyatt’s Intellectual Property Protection & Litigation Service Team, will be speaking at the Defense Research Institute‘s (DRI) Intellectual Property Seminar on the topic “Using the AIA’s First to File Rule and the Written Description Requirement to Invalidate Patents” on May 6, 2016 in Nashville. 54 more words

October 1st: Free USPTO Web Chat On Patent Proceedings Under the America Invents Act

What: USPTO/Patent Trial And Appeal Board webinar series, to discuss new proposed rules governing PTAB practice.

When: October 1, 2015 at 12:00 to 1:00 p.m. EST (U.S.) 427 more words