Trial Practice Guide News Today

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.

One year ago, the United States Patent and Trademark Office (USPTO) issued an Advance Notice of Proposed Rulemaking (ANPRM) that set forth several ideas related to America Invents Act...

The Director of the United States Patent and Trademark Office (USPTO) established the interim process for Director Review of Patent Trial and Appeal Board (PTAB) decisions in the wake...

Christopher (Kit) Crumbley, makes the move into private practice after long stints at the US Patent and Trademark Office and Department of Justice.

The Federal Circuit issued two precedential decisions in August, reminding parties in Inter Partes Review proceedings to refrain from sandbagging and raise all arguments at the first opportunity.

Can a petitioners reply in an IPR proceeding present new arguments and evidence responding to a proposed claim construction first raised in the patent owners response? In Axonics, Inc. v....

One of the many criticisms of the post-grant review proceedings instituted by the Leahy-Smith America Invents Act, both post-grant review (PGR) available within 9 months of patent grant...

The Federal Circuit issued two precedential decisions in August, reminding parties in Inter Partes Review (IPR) proceedings to refrain from sandbagging and raise all arguments at the...

Petitioners should be cautious of introducing a new theory in a Petitioner Reply before the PTAB. On February 7, 2023, the Patent Trial and Appeal Board ("PTAB") entered a final written decision...

Petitioners should be cautious of introducing a new theory in a Petitioner Reply before the PTAB. On February 7, 2023, the Patent Trial and Appeal…