By Scott A. McKeown
| October 22, 2014
PTAB issue joinder

Debate Over Issue Joinder Continues


Back in September, the Patent Trial & Appeal Board (PTAB) issued a rare expanded panel Order in Target Corp. v. Destination Maternity Corp., (IPR2014-00508) (here). In the Order, a divided panel denied issue joinder under 35 U.S.C. § 315(c) as a matter of law (i.e., the joining of two petitions of a same petitioning party). The decision was especially surprising given the fact that 315(c) had been previously interpreted by the PTAB as permitting such joinder practices. In fact, one such decision Microsoft Corp. v. Proxyconn, Inc., IPR2012-00026, Paper 17, Dec. 21, 2012 is published on the PTO web site as a representative order.

Since the decision in Target, rehearing has been requested, and other petitioners have begun to assail the PTAB's perceived change in course on the matter of issue joinder.
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By Scott A. McKeown
| October 20, 2014

PTAB to Report on State-of-the-Board This Week

The PTAB is holding a two-day, all hands meeting this Tuesday and Wednesday (October 21-22). The PTAB will Webcast for the public the State-of-the-Board Address by Chief Administrative Patent Judge James Donald Smith on Tuesday morning at 10:45 – 11:15 a.m. Webcast information (here)
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By Scott A. McKeown
| October 17, 2014

Free Webinar Series — October


Just a reminder that this month's edition of the PatentsPostGrant.com free webinar series will be held next Thursday October 23rd @12:30 (est). The October webinar is entitled:

Preparing for War: PTAB Impact on Bio/Pharma Disputes. (speakers: Richard Kelly, Dianna Devore Ph.D & Scott McKeown).
Register (HERE).

The formal portion of the webinar will begin at 12:30 Eastern and will last for approximately 50-60 minutes. After the presentation there will be a Q&A period. To attend the webinar please sign up via the link above. You will receive a registration confirmation email immediately. One hour prior to the webinar you'll receive another email with a link and instructions for joining the presentation. VA CLE credit will be provided.

We look forward to speaking with you during the webinar.
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By Scott A. McKeown
| October 16, 2014

Congress Clings to Familiar Patent Reform Issue 

As we approach the witching hour of mid-term elections, Congress begins to turn back to the business of law making. With so few legislative initiatives having meaningful bipartisan support, and a lame duck executive eager to appear — well, not so lame, patent reform offers political opportunity.

Something wicked this way comes.
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By Scott A. McKeown
| October 15, 2014
PTAB

Public Comment Deadline Approaches at PTAB 

The extended deadline for responding to the June 27, 2014 Federal Register Notice entitled: Request for Comments on Trial Proceedings Under the America Invents Act Before the Patent Trial & Appeal Board expires tomorrow, October 16th. The USPTO published the request for comments to gather commentary on all aspects of the new administrative trial proceedings, including the administrative trial proceeding rules and trial practice guide.

The comments submitted to date are found here.





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