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In inter partes review proceedings, the Patent Trial and Appeal Board has historically been reticent to consider arguments raised for the first time in a petitioner's reply.

The Federal Circuit held in a precedential decision today that an inter partes review petitioner must be given the opportunity to present evidence of anticipation or obviousness under a new claim construction when that construction is first proposed by a patent owner in its response following the institution decision.

In 2019, the Patent Trial and Appeal Board initiated a pilot program allowing patent owners to request preliminary guidance on a motion to amend.

One of the wonderful (as in, it makes one wonder) and frustrating (which needs no explanation) aspects of patent law is that just when you think a question is settled it either isn't or...

More than a decade ago Congress considered, and rejected, any standing requirements for post-grant proceedings. Congress could hardly have been more explicit. The provisions were...

The scope and applicability of inter partes review ("IPR") estoppel continues to develop and reshape patent litigation across the country.

In a late-March 2023 decision out of the U.S. District Court for the Southern District of California, a court denied a plaintiff's request for attorneys' fees against a defendant who filed "objectively specious" counterclaims ...

In a late-March 2023 decision out of the U.S. District Court for the Southern District of California, a court denied a plaintiff's request for attorneys' fees against a defendant who...

In California Institute of Technology v. Broadcom Limited,1 the Federal Circuit overruled prior precedent and clarified that inter partes review (IPR) estoppel applies not just to...

In June 2021, the US Patent and Trademark Office (USPTO) published an update to its study of America Invents Act (AIA) trials involving challenges to Orange Book-listed and biologic...