News and Cases Involving Post-Grant Proceedings at the Patent Office
Federal Circuit Upholds PTAB’s Validity Finding Based On Arguments the Patent Owner Did Not Raise
The Federal Circuit held in FanDuel, Inc. v. Interactive Games LLC that the PTAB did not violate the Administrative Procedure Act when it found that the Petitioner failed to prove…
USPTO Proposes Changes to AIA Trial Rules
The USPTO has issued a Notice of Proposed Rulemaking with three proposed amendments to the AIA trial rules. The notice is available here. First, the Office is proposing to amend…
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…