While still at least a week away from the official Manager’s Amendment on the The Patent Transparency & Improvement Act, a document has been circulating purporting to outline the compromise between Senators Schumer (D-NY)and Cornyn (R-TX). (here). Most of the changes are directed to fee shifting and patent litigation
As a reminder, the Patent Trial & Appeal Board (PTAB) roundtable series kicks off today in Alexandria.
The Chief Judge will kick off today’s program with some performance information, including entirely new statistical categories of data. Thereafter, judges of the PTAB will conduct mock telephone conferences, and I along with three
Roundtable Discussions to Spur Dialogue on Possible Rule ChangesRoughly eighteen months have passed since the USPTO’s implementation of the new post grant patent challenges of the America Invents Act (AIA). Since the rules for implementing these post grant patent proceedings were developed under an aggressive time schedule, as promised, the USPTO is now revisiting those rules. In the months ahead, the USPTO will be considering whether revisions/refinements to the Patent Trial & Appeal Board’s (PTAB) rules are in order. To kickoff the effort, the PTAB will be conducting informational/roundtable discussions around the country. Once the roadshows are concluded, the USPTO is planning a Federal Register Notice this summer to collect additional stakeholder comments.
The roadshow agenda includes a discussion of AIA trial statistics, lessons learned, and techniques for successful motions practice. The roundtables are free and open to all with seating available on a first-come, first-served basis. Stops include, Alexandria (webcast available), New York, Chicago, Detroit, Santa Clara, Seattle, Dallas, and Denver.
Schedule and agenda are posted below.
Continue Reading PTAB Roadshow Effort Kicks Off in Alexandria on 4/15
With many fearing that the Senate Judiciary Committee had lost their way on S.1720 known as The Patent Transparency & Improvement Act, news comes today that after weeks of partisan wrangling compromise has finally been reached. Senator Leahy posted the following statement on his webpage minutes ago:
For
The Senate Judiciary Committee continues to struggle with S.1720 (Patent Transparency & Improvements Act of 2013). Yet again, the Committee has postponed mark-up of the bill. While mark-up remains possible on Thursday April 10th, given the growing political dissension along party lines on fee shifting, and significant lobby pressure on all
The closely watched case of Alice Corp. v. CLS Bank was argued before the Supreme Court of the United States this past Monday. The Court is not expected to radically depart from their significant precedent on patentable subject matter. Yet, the decision will be especially relevant to Covered Business Method (CBM) challenge proceedings before the USPTO’s Patent Trial & Appeal Board (PTAB). Below are some thoughts on the oral argument from my partner Michael Kiklis. Mike has recently authored the treatise entitled The Supreme Court on Patent Law.
Continue Reading Insights From the CLS Bank Argument
Although discussing the Patent Transparency and Improvements Act of 2013 in today’s executive business meeting, the Senate Judiciary Committee decided they needed a few more days. The Committee intends to work toward releasing a manager’s amendment next Tuesday, April 8th. Proposed amendments are expected in the coming days and
Last week, the Senate Judiciary Committee generally considered bill S. 1720 entitled Patent Transparency and Improvements Act of 2013 but held over the matter for this week. It seems there was a bit of a stalemate on the topic of litigation fee shifting and expansion of the Covered Business Method
In the weeks ahead, the USPTO’s Patent Trial & Appeal Board (PTAB) will present roundtable programs across the country to share information and collect feedback on the new patentability trials of the America Invents Act (AIA). The first stop will be at the USPTO headquarters in Alexandria Virginia
As discussed last week, the USPTO’s Patent Trial & Appeal Board (PTAB) offers significant benefits to generic drug companies seeking to enter the market of a branded competitor. That is, the PTAB offers a short circuit to expensive district court litigation for challenging high value drug patents.
In addition to the proceedings discussed last week, three recent PTAB decisions involving DNA sequencing patents owned by the Trustees of Columbia University in the City of New York, the PTAB cancelled all challenged claims in the three patents, IPR2012-0006 and 00007 and IPR2013-00011. While not technically drug patents, their fate is indicative of what the drug industry faces in PTAB challenges.
Continue Reading Is Branded Bio/Pharma Adequately Preparing for the PTAB?