News and Cases Involving Post-Grant Proceedings at the Patent Office
Recent Precedential PTAB Decisions
The Board's Precedential Opinion Panel has been hard at work designating several decisions as precedential. According to the Board's Standard Operating Procedures (SOP), the Precedential Opinion Panel issues a precedential…
IPR Instituted on Art Considered During Examination After Finding the Examiner Misunderstood the Reference
Under 35 U.S.C. § 325(d), the Board has the discretion to deny an IPR petition if "the same or substantially the same prior art or arguments" were presented during prosecution…
USPTO Seeks Public Input on Proposed Procedures for Motions to Amend
The USPTO is requesting comments from the public on proposed procedures regarding motions to amend in IPR, CBM, and PGR proceedings. In short, the proposed amendment process would involve the…
PTAB Trials Will Now Apply the Phillips Claim Construction Standard
Since its inception, the PTAB has applied the "broadest reasonable interpretation" standard when construing claims of an unexpired patent in inter partes review (IPR), post-grant review (PGR), and covered business method…
Dismissal of a Complaint Without Prejudice Does Not Stop the IPR Time-Bar Clock
The Federal Circuit rules that the IPR time-bar provision of 35 U.S.C. § 315(b) applies even when a complaint served in a civil action is subsequently dismissed without prejudice. Under…