Tag Archives: PTAB

PTAB Boardside Chat Thursday

New Chief & Deputy Chief to Speak Thursday The Patent Trial & Appeal Board (PTAB) is hosting a Boardside Chat webinar this Thursday, April 4th from noon to 1pm(EST). The webinar will introduce new Chief Judge Scott Boalick and Deputy Chief Judge Jackie … Continue reading

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PTAB Speed vs. ITC Speed

Commission Awaits PTAB Result – Sometimes Under Section 337 of the Tariff Act of 1930, the International Trade Commission (ITC) is required to conclude its investigations and make determinations “at the earliest practicable time.” 19 U.S.C. § 1337(b)(1). This mandate for … Continue reading

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PTAB: Derivatives Trading Patent Claim Passes Alice Test, Opinion Designated “Informative”

Here is a sign that the USPTO’s January, 2019, guidance on 35 U.S.C. § 101 and patent-eligibility may have an immediate and significant impact on USPTO rejections under the Mayo/Alice abstract idea test. The guidance became effective January 7, 2019. … Continue reading

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Ex parte Smith (PTAB 2019)

Software Claims Survive Section 101 Challenge and Are Found to Be Directed to Patent-Eligible Subject Matter By Joseph Herndon — In the U.S. Patent and Trademark Office, the Patent Trial and Appeal Board (PTAB) recently designated its decision in Ex … Continue reading

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Is RPI No Longer an Issue at the PTAB?

Recent Decisions Find Meeting of Statutory Requirement Subject to Agency Discretion A properly filed AIA trial trial petition must name all real-parties-in-interest (RPI). The RPI requirement is recited by a number of IPR statutes, 35 U.S.C. § 312(a); and 35 U.S.C. … Continue reading

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