News and Cases Involving Post-Grant Proceedings at the Patent Office
USPTO Proposes New Claim Construction Standard for PTAB Trials
On May 9, 2018, the USPTO published a notice of proposal to change the claim construction standard applied to unexpired patent claims in PTAB trials. The notice in the Federal…
PTAB Releases Guidance in Response to SAS Decision
In response to the Supreme Court's decision in SAS Inst., Inc. v. Iancu finding the PTAB's practice of partial IPR institutions improper, the PTAB swiftly (in less than 24 hours) released…
U.S. Supreme Court: IPRs Constitutional, No Partial Institutions
The U.S. Supreme Court issued two significant decisions addressing the inter partes review regime today. In a 7-2 decision, the Court in Oil States Energy Services, LLC v. Greene's Energy…
On Remand, Federal Circuit Rejects Wi-Fi One’s Time-Bar Arguments
The Federal Circuit holds that the Board did not err in deciding several issues relating to whether a party was time-barred from petitioning for IPR under 35 U.S.C. § 315(b).…
Two IPR Decisions Involving 35 U.S.C. § 325(d) Designated Informative
On March 21, 2018, the Board designated as "informative decisions" two PTAB decisions in which review was denied under 35 U.S.C. § 325(d). According to the Board's standard operating procedures,…