News and Cases Involving Post-Grant Proceedings at the Patent Office
PTAB Institutes IPR Based on Art Previously Considered During Prosecution
The PTAB instituted IPR based on a reference that had been considered by the examiner during prosecution because the petition relied upon a previously unconsidered portion of the reference. Under…
Federal Circuit: Time-Bar Determinations of IPR Petitions Are Appealable
The Federal Circuit overrules its precedent and holds that a determination as to whether a petition is time-barred is reviewable on appeal. Under 35 U.S.C. § 315(b), a petition for…
USPTO Fees to Increase January 16, 2018
The government fees for challenging a patent in a post-grant proceeding will increase significantly on January 16, 2018. Effective next week, the USPTO fees for challenging patents in inter partes review…
Mohawk Tribe Tees Up Sovereign Immunity Battle [Updated]
A sovereign entity seeks additional discovery on a wide range of topics to address its "concerns about the impartiality" of the Administrative Patent Judges assigned to the case. Sovereign entities,…
Excluded Hearsay Admitted into Evidence after Motion for Reconsideration
The Board admitted hearsay testimony as qualifying under the "state of mind exception" after previously excluding the testimony. With inter partes review proceedings applying the Federal Rules of Evidence (FRE),…