#ptab

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#patent-law

Senate Committee Advances PREVAIL Act

The PREVAIL Act is set to change PTAB procedures, impacting patent challenges and potentially affecting generic drug pricing.
New provisions aim to balance patent protection with access to affordable medications.

CAFC Vacates PTAB Win for Centripetal Due to Board's Poorly Articulated Motivation to Combine Analysis

The CAFC vacated the PTAB's decision, emphasizing the need for clear reasoning in obviousness determinations based on combined references.

IDEA Act Moves Forward While Fate of PERA and PREVAIL Seems Uncertain

The Patent Trial and Appeal Board's process is under scrutiny, particularly regarding its impact on small inventors compared to Big Tech.
Key patent bills have been delayed to address concerns about fairness and eligibility in patent law.

Independent Inventor Renews Sotera Stipulation Abuse Allegations at CAFC

The PTAB must consider alleged Sotera violations related to LG's status as a real party-in-interest when invalidating Hafeman's patent claims.

Navigating Unexpected Results: PTAB Decision Outlines Key Requirements for Rule 132 Declarations

PTAB affirmed obviousness rejection of aluminum and magnesium alloy anodizing process claims, despite R132 declaration attempt.

Disparaging in Context: Motivation to Combine Exists Even For a Markedly Inferior Element

The Federal Circuit affirmed the PTAB's decision that Novartis's patent claims were unpatentably obvious.

Senate Committee Advances PREVAIL Act

The PREVAIL Act is set to change PTAB procedures, impacting patent challenges and potentially affecting generic drug pricing.
New provisions aim to balance patent protection with access to affordable medications.

CAFC Vacates PTAB Win for Centripetal Due to Board's Poorly Articulated Motivation to Combine Analysis

The CAFC vacated the PTAB's decision, emphasizing the need for clear reasoning in obviousness determinations based on combined references.

IDEA Act Moves Forward While Fate of PERA and PREVAIL Seems Uncertain

The Patent Trial and Appeal Board's process is under scrutiny, particularly regarding its impact on small inventors compared to Big Tech.
Key patent bills have been delayed to address concerns about fairness and eligibility in patent law.

Independent Inventor Renews Sotera Stipulation Abuse Allegations at CAFC

The PTAB must consider alleged Sotera violations related to LG's status as a real party-in-interest when invalidating Hafeman's patent claims.

Navigating Unexpected Results: PTAB Decision Outlines Key Requirements for Rule 132 Declarations

PTAB affirmed obviousness rejection of aluminum and magnesium alloy anodizing process claims, despite R132 declaration attempt.

Disparaging in Context: Motivation to Combine Exists Even For a Markedly Inferior Element

The Federal Circuit affirmed the PTAB's decision that Novartis's patent claims were unpatentably obvious.
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#uspto

Director Review Petitions Charge PTAB Analysis of Plant Utility Claims Threatens Competition for U.S. Farmers

The petitions claim PTAB's heightened patentability standard for plant utility claims undermines competition in seed markets.

False USPTO Narratives and the Urgent Need for PTAB Reform

The Senate's approval of PREVAIL marks a significant step towards PTAB reform amidst ongoing debates and concerns.

USPTO Issues Final Rule on Director Review Process, Scraps After Final Consideration Pilot

The USPTO has formalized its interim Director Review process for PTAB decisions following the Supreme Court's Arthrex ruling.

Director Review Petitions Charge PTAB Analysis of Plant Utility Claims Threatens Competition for U.S. Farmers

The petitions claim PTAB's heightened patentability standard for plant utility claims undermines competition in seed markets.

False USPTO Narratives and the Urgent Need for PTAB Reform

The Senate's approval of PREVAIL marks a significant step towards PTAB reform amidst ongoing debates and concerns.

USPTO Issues Final Rule on Director Review Process, Scraps After Final Consideration Pilot

The USPTO has formalized its interim Director Review process for PTAB decisions following the Supreme Court's Arthrex ruling.
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#intellectual-property

Amici Spar Over Proper Bounds of Agency Rulemaking for NHK/Fintiv Framework

NHK/Fintiv framework is valid but should be scrutinized for its binding authority on PTAB decision-making.

No Concrete Plans, No Standing: Federal Circuit's Latest on IPR Appeals

Federal courts can only address actual controversies, not hypothetical situations, as established by the standing doctrine.
The Platinum Optics v. Viavi Solutions case reiterates the importance of standing requirements in patent appeals.

Amici Spar Over Proper Bounds of Agency Rulemaking for NHK/Fintiv Framework

NHK/Fintiv framework is valid but should be scrutinized for its binding authority on PTAB decision-making.

No Concrete Plans, No Standing: Federal Circuit's Latest on IPR Appeals

Federal courts can only address actual controversies, not hypothetical situations, as established by the standing doctrine.
The Platinum Optics v. Viavi Solutions case reiterates the importance of standing requirements in patent appeals.
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#federal-circuit

Winning Strategies at the Federal Circuit

Knowing the Federal Circuit is crucial for success in patent appeals.

Liquidia Urges SCOTUS to Restore Preclusive Effect to PTAB Final Written Decisions

Liquidia Technologies has filed a petition with the U.S. Supreme Court to appeal an induced infringement ruling against them following the invalidation of a patent at the PTAB.
Liquidia argues that the Federal Circuit's ruling contradicts previous Supreme Court decisions regarding the preclusive effect of PTAB invalidation on infringement litigation.

Winning Strategies at the Federal Circuit

Knowing the Federal Circuit is crucial for success in patent appeals.

Liquidia Urges SCOTUS to Restore Preclusive Effect to PTAB Final Written Decisions

Liquidia Technologies has filed a petition with the U.S. Supreme Court to appeal an induced infringement ruling against them following the invalidation of a patent at the PTAB.
Liquidia argues that the Federal Circuit's ruling contradicts previous Supreme Court decisions regarding the preclusive effect of PTAB invalidation on infringement litigation.
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Nautilus or Packard: A Recent PGR Petition Highlights Perils of USPTO Flip-Flops

Post grant challenges at the PTAB involve a mix of prosecution, litigation, and uncertainty.
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