Tag Archives: PTAB

The Fate of Orange & Purple Book Patents at the PTAB

Key Bio/Pharma Assets at the PTAB Through more focused strategy, patent owners have ensured that Patent Trial and Appeal Board (PTAB) proceedings are not overwhelmingly fatal to Orange and Purple Book patents. In fact, patent invalidity rates at the PTAB … Continue reading

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PTAB Proposal on Claim Construction Would Align with Federal Courts, ITC

In the aftermath of the Oil States and SAS Supreme Court decisions, the PTO’s proposal to adopt the Phillips standard for claim construction brings a small measure of relief for universities and research institutions.  The “broadest reasonable interpretation” claim construction standard currently used by the PTAB … Continue reading

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How the SAS Institute Ruling Will Impact PTAB Practice

Patent Owners Will Not Like the Post-SAS PTAB Last month, I predicted a 7-2 affirmance of Oil States (although I had Kennedy in the dissent with Gorsuch rather than Roberts). Still, the outcome of this closely watched case was hardly a … Continue reading

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Chris Walker & Melissa Wasserman on the PTAB and Administrative Law

Christopher Walker is a leading administrative law scholar, and Melissa Wasserman's excellent work on the PTO has often been featured on this blog, so when the two of them teamed up to study how the PTAB fits within broader principles … Continue reading

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Is the USPTO PTAB “Panel Stacking” When Using Expanded Panels?

Grant T. Gille Over the past few years, the United States Patent and Trademark Office Patent Trial and Appeal Board (PTAB) has implemented the use of expanded panels in a number of cases, causing many to question the method of … Continue reading

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