All Blog postsIn Thryv, Inc. v. Click-to-Call Technologies, LP, the Supreme Court of the United States overturned the Court of Appeals for the Federal Circuit, holding that 35 U.S.C. §314(d) precludes judicial review of Patent Trial and Appeals Board (PTAB) application of the one-year time bar in a decision to institute an inter partes review (IPR).
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Supreme Court Holds PTAB Decisions Concerning One-Year Time Bar to File IPR Are Not Judicially Reviewable Posted on: May 11, 2020 In: Intellectual Property & Technology
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Who May Petition for Post-Grant Review Under The AIA? Posted on: April 20, 2020 In: Intellectual Property & TechnologyUnder the America Invents Act of 2011 (AIA), any “person” other than the patent owner may challenge the patent owner’s patent(s) through post-grant review before the Patent Trial and Appeal Board. The patent statutes do not specifically define the term “person.” The presumption is that the term “person” does not include the federal government and its agencies.
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USPTO Supports “Counterintuitive” Interpretation of AIA in Amicus Brief to Fed Circuit Court of Appeals Posted on: March 07, 2019 In: Intellectual Property & TechnologyOral Arguments Scheduled for Next Week - In a curious legal scenario, the USPTO recently filed an amicus brief at the request of the Federal Circuit Court of Appeals, supporting a “counterintuitive” reading of the American Invents Act (AIA). This stems from an interesting argument made by Johnson & Johnson subsidiary company Janssen Oncology, Inc. regarding estoppel under the AIA.
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Supreme Court Rules that AIA Did Not Alter the On-Sale Doctrine Posted on: January 24, 2019 In: Intellectual Property & Technology
The U.S. Supreme Court recently ruled that the phrase “or otherwise available to the public” added to 35 U.S.C. § 102 in the America Invents Act in 2011 did not change the “on-sale” doctrine, which provides that patent protection cannot be granted for an invention that was on-sale more than one year before the effective filing date of the patent.
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2018 in review – Inter Partes Review Developments, Part 1 of 2 Posted on: December 07, 2018 In: Intellectual Property & TechnologyIn one of the most heavily anticipated, and in some ways controversial, decision of the year, the Supreme Court ruled in Oil States Energy Services v. Green’s Energy Group to uphold the Patent Trial and Appeal Board’s (PTAB) authority to invalidate patents by inter partes review.
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