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PTAB Trial Insights

Keeping informed of the nuances, the impact of decisions and new rules, and the new shades of interpretation of the rules for PTAB trials can consume a great deal of both your time and effort. In PTAB Trial Insights, Foley attorneys, with experience in various proceedings across Tech Centers, will analyze and assess the particulars of the latest developments, providing you with the most current evaluation of each situation and how it may affect your patent protection and enforcement strategies.

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15 February 2024 PTAB Trial Insights

USPTO Warns Against Blind Reliance on Artificial Intelligence

U.S. Patent and Trademark Office Director Kathi Vidal recently released a memorandum on the subject of the use of artificial intelligence by parties during proceedings before the Trademark Trial and Appeal Board and the Patent Trial and Appeal Board.

30 January 2024 PTAB Trial Insights

Sotera Stipulation Filed After the Patent Owner’s Response Still Deemed Effective

The Patent Trial and Appeal Board (PTAB) recently addressed both the timing requirements and procedures for filing a Sotera stipulation before the Board in, BMW of North America LLC v. Northstar Systems LLC, IPR2023-01017.

20 December 2023 PTAB Trial Insights

USPTO Says Prior Art Date of AIA Patents is Not Limited By Dynamic Drinkware

When Dynamic Drinkware was decided in 2015, commentators debated whether differences in the language of the American Invents Act (AIA) version of 35 USC § 102 would shield AIA patents from its restrictions.

15 November 2023 PTAB Trial Insights

USPTO Director Uses New Review Process to Order Independent Rehearing of PTAB Institution Decision

Last week marked the first time that USPTO Director Vidal acted under the Revised Interim Director Review Process to order a Delegated Rehearing Panel to review a decision denying institution of inter partes review.

23 August 2023 Blogs

Nothing for Free: Federal Circuit Clarifies Commercial Success is All About Sales

In affirming final written decisions of the Patent Trial and Appeal Board (PTAB) in two inter partes reviews (IPRs), the Court of Appeals for the Federal Circuit (CAFC) ruled that only actual product sales count toward a showing of commercial success.

17 July 2023 PTAB Trial Insights

USPTO Provides Updated Guidance on the Use of Applicant Admitted Prior Art

U.S. Patent and Trademark Office Director Kathi Vidal recently altered a decision by the Patent Trial and Appeals Board to address the use of applicant admitted prior art in inter partes review petitions.

01 March 2023 Blogs

USPTO Director Vidal Closes Fintiv Escape Hatch on Discretionary Denial

Practice at the Patent Trial and Appeal Board has evolved at a breakneck pace during the tenure of U.S. Patent and Trademark Office Director Vidal.

04 January 2023 Blogs

New Hope for Patent Owners Who Can’t or Don’t File Formal Responses?

Director Kathi Vidal has issued a new precedential decision sua sponte that impacts the standard for abandonment of contest in inter partes reviews (IPRs).

12 September 2022 Blogs

Exception to the Rule? Late Submission of Evidence as Supplemental Information Under 37 C.F.R. 42.123(b)

In PTAB trials, rules regulate when evidence may be presented by a party to ensure the opposing party a fair opportunity to respond to such evidence.

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