This Thursday March 18th, from noon to 1PM (EST), the PTAB will conduct a Boardside chat to discuss motions practice in PTAB trial proceedings.
Judges Erica Franklin and Eric Jeschke will present an overview of requirements for PTAB trial motions in general and provide a review of
This coming Thursday, December 10th, from noon to 1 p.m. ET, the Patent Trial & Appeal Board (PTAB) will offer its next Boardside Chat Webinar to discuss several aspects of PTAB trial proceedings.
Lead Judge Bill Saindon will present the results of the PTAB’s recently updated multiple petitions
To date, in order to submit an amicus brief in a PTAB case selected for Precedential Opinion Panel (POP) consideration, an interested party would either look to an Order from the Board in a subject case inviting such, or approach the Board/parties to communicate their request to the assigned panel. Today the Board introduced an online form to submit such requests directly to the agency. (here)
The Board obviously has an interest in simplifying procedures, but, of particular note here is the potential benefit of this interface to pending disputes over administrative law practices of the agency.
Continue Reading PTAB Adds Online Interface for POP Related Amicus Requests
In another week, the USPTO will close comments on its recently issued Request for Comments (RFC). As previously discussed, the RFC seeks public input on its discretionary practices under 314(a), including serial and parallel petition practices, and what if anything the PTAB should do to refine its approaches.
When it comes to parallel petitions, the PTAB could easily eliminate upward of 80-90% of these filings with a simple tweak to its procedures.
Continue Reading The Vast Majority of Parallel PTAB Petitions Are Easily Eliminated
Over the past few months, Congress has been asked to investigate the Patent Trial & Appeal Board’s (PTAB) practice of denying AIA trial petitions in view of competing litigations. On top of that, the agency has been sued for applying these allegedly unlawful practices, and there is a mandamus pending on the same issues at the Federal Circuit.
In parallel, the agency had been pursuing a draft rule set to codify many of these controversial practices….a swan song of sorts for the outgoing Director. This effort has been closely scrutinized by White House Office of Information & Regulatory Affairs (OIRA) at the behest of many stakeholders. Given the public outcry, ongoing litigation, and feedback to White House Office of Information & Regulatory Affairs (OIRA), the agency has now taken a step back to seek further public comment on its planned rule changes.
Today the Dept of Commerce issues a Request for Comments from the public on these issues. But, responses are due within a month – What’s the rush?
Continue Reading White House Pushes Back on PTAB Rule Making Effort
Based on stakeholder feedback, the Patent Trial and Appeal Board (PTAB) has added an online form (here) to the USPTO website that allows any member of the public to nominate any PTAB decision for precedential or informative designation.
Those nominating a decision must provide a case number, case name,
Last March, I explained the strange scenario playing out in ZTE USA Inc., & LG Electronics Inc. v. Cywee Group LTD. (IPR2019-00143). In ZTE, the original petitioner was joined upon institution by a second petitioner. As is often the case, the joined petitioners were competitors. (A joined petitioner takes an understudy role in AIA trial proceedings, absent a settlement between the original petitioner and the patent owner).
Rather than settle, the original petitioner in ZTE decided not to oppose the Patent Owner’s amended claims, or for that matter, even request oral argument. And, given that the original petitioner was at least still present in the proceeding, the PTAB refused to allow the second petitioner to step in and oppose the amended claims. My previous post pointed out that this was bad policy that could lead to anticompetitive behavior in joinder scenarios.
Last Friday, the PTAB reconsidered its initial decision, and in the wake of Hunting Titan, reversed its earlier decision to allow the amendment opposition of the second petitioner.
Continue Reading PTAB Allows Joined Party to Oppose Amendment in Place of Original Petitioner
Last week the United States Patent and Trademark Office (USPTO) announced plans for the Patent Trial and Appeal Board (PTAB) to begin accepting petitions for expedited resolution of ex parte appeals. The program, entitled “Fast-Track Appeals Pilot Program” launched July 2, 2020. (here)
But, the program may not benefit all appellants. And it is important to understand that the program is not offering an appeal timeline (start to finish) that spans 6 months.
Continue Reading PTAB Fast-Track…Not So Fast
The Patent Trial & Appeal Board (PTAB) issued a new precedential opinion, and three new informative decisions yesterday. The precedent clarifies the agency’s read of 35 U.S.C. § 317(b) for instituted proceedings. Arguably, this precedent does not apply to pre-institution as 317(b) is limited to instituted
The Patent Trial & Appeal Board (PTAB) will conduct a “Boardside Chat” this Thursday, June 11, from noon to 1 pm (EST) to address a number of topics including: new statistics on institution rates/final written decisions, and potential changes to AIA trial rules on institution and responsive briefing. Vice Chief Judge