Patent Trial And Appeal Board (PTAB)

Three PTAB decisions were decided by APJs invalidly appointed, but two Circuit Judges would find the defect wholly cured by Federal Circuit’s recent Arthrex decision. The U.S. Court of Appeals for…

The Board properly found that a person skilled in the art would not be motivated to combine two prior art references and that industry praise supported a finding of nonbviousness. Substantial…

The PTAB improperly found that the patent is unpatentable in view of the prior art. Concluding that the Patent Trial and Appeal Board improperly construed certain claims in a patent for memory system…

Board’s obviousness finding was predicated on erroneous finding that claim term "mechanical control assembly" was not a means-plus-function term. The Patent Trial and Appeal Board erred in finding…

Allergan’s assignment of the patents on one of its blockbuster drugs to an American Indian tribe in an attempt to dismiss a USPTO inter partes review (IPR) proceeding on “tribal sovereign immunity”…

John Richards (Ladas & Parry LLP, New York) identifies the problem that filing a patent involves a prior art search which is probably not as focussed as searched that occur in litigation and…

Last week, the Patent Trial and Appeal Board of the U.S. Patent Office (PTAB) issued eight decisions in Inter Partes review and Covered Business Method proceedings, in each case invalidating at least…