By Scott A. McKeown
| August 31, 2015

September Webinar to Focus on Proposed PTAB Rule Changes

Just a reminder that the September edition of the PatentsPostGrant.com free webinar series will be held tomorrow, Tuesday September 1st @12:30 (est). The September webinar is entitled: What You Need to Know About PTAB Rule Changes (speakers: Scott McKeown & Greg Gardella). As the title suggests, the webinar will cover the proposed rule changes, recent trends and related insights. 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.
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By Scott A. McKeown
| August 27, 2015

USPTO Releases Petition Timelines


The Office of Petitions has launched a new USPTO Patents Petitions Timeline that provides information on petition types that can be filed throughout each stage of the patent prosecution, and reexamination process. For each petition type, users can easily access information on average pendency over the past 12 months of decided petitions, the deciding office, petition grant rates, and link to specific sections of the Manual of Patent Examining Procedure (MPEP) or other parts of the USPTO website that relate to each petition type. (here)

Given the pro forma nature of many prosecution related petitions, of most interest are the more unusual filings, such as petitions to revive abandoned applications.

Of perhaps the greatest interest is the pendency information pertaining to petitions filed during patent reexamination. I have often referred to this practice as the "black arts" as such practice is fraught with uncertainty, and pendency can be quite significant.
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By Scott A. McKeown
| August 26, 2015

Pilot Program to Limit APJ Review For IPR Institution

As promised in last week's rule package, a second Federal Register Notice (here) has issued from the USPTO's Patent Trial & Appeal Board (PTAB). This Notice, entitled: Request for Comments on a Proposed Pilot Program Exploring an Alternative Approach to Institution Decisions in Post Grant Administrative Reviews, proposes to select IPR petitions for inclusion in a pilot program whereby only a single Administrative Patent Judge (APJ) decides the petition (CBM and PGR are excluded). Currently, three APJs review IPR petitions prior to instituting an AIA trial. However, three judges are only statutorily required for trial, not institution.  So, the PTAB is exploring ways to become more efficient in view of its growing workload.
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By Scott A. McKeown
| August 25, 2015

September Webinar to Focus on Proposed PTAB Rule Changes

The September edition of the PatentsPostGrant.com free webinar series will be held on Tuesday September 1st @12:30 (est). The September webinar is entitled: What You Need to Know About PTAB Rule Changes (speakers: Scott McKeown & Greg Gardella). As the title suggests, the webinar will cover the proposed rule changes, recent trends and related insights. 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.
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By Scott A. McKeown
| August 24, 2015

Kyle Bass & Friends Swing and Miss in First Two Attempts at IPR

Today, the Patent Trial & Appeal Board (PTAB) denied institution of IPR 2015-00720 and IPR2015-00817 (here and here). These IPR petitions, targeting U.S. Patents 8,663,685 and 8,007,826 of Accorda Therapeutics, were advanced by the so-called "Coalition For Affordable Drugs."  The Coalition, more widely recognized as a creation of hedge fund manager Kyle Bass, has filed 20+ petitions in the past few months against various drug patents. 

These PTAB denials are likely the first in a long series of disappointments for the Coalition.

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