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Continued Challenges to Aspects of the IPR Process


Continued Challenges to Aspects of the IPR Process

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In July, the U.S. Court of Appeals for the Federal Circuit rejected Cuozzo Speed Technologies’ appeal.  Cuozzo was attempting to prove that the claim interpretation used by the Patent Trial and Appeal Board (PTAB) was incorrect.  Currently, the PTAB uses the “broadest reasonable interpretation” to determine if inter partes review (IPR) proceedings are warranted; rather […]

A Goliath Story: Challenging the Constitutionality of IPRs

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Post issue review processes like inter partes review (IPR) were touted during drafting passage of the America Invents Act (AIA) as the perfect tool to combat the plague of non-practicing entities, more commonly known as patent trolls.  However, reality turned out to be much different than what was intended by lawmakers.  When challenged by IPRs, […]

Preissuance Submissions Can Derail Your (Or Your Competitor’s) Patent

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In the old days of patent prosecution, some IP attorneys would perform only a perfunctory prior art search—or forego a prior art search completely—with the rationale that determining whether a proposed invention infringed on prior art was the job of a USPTO patent examiner.

Specification: Cornerstone of a Robust Claim Set in the post-AIA Era

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Claim drafting has always been a critical stage of the patent application process, but trends and developments in the patent realm indicate that quality claims have taken on an even greater significance.  A simple strategy is gaining new importance with regards to strengthening claims submitted for examiner review as U.S. patent holders and attorneys begin […]

Congress Combats Patent Trolls by Revising Post-Issuance Proceedings

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Patent trolls, beware!  Patent reform legislation currently pending in both houses of Congress is aimed at fixing what is considered by many as a broken patent system and at reducing the flood of corresponding litigation.  Among a plethora of other modifications, the proposed bills would make changes to both the post-grant review (PGR) and the […]