U.S. CAFC Reverses PTAB Decision:
New CAFC case suggests standard for motivation to combine to find obviousness can be less onerous In a recent ruling…
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Fast-Track Appeals Pilot Program
On July 2, 2020, the United States Patent and Trademark Office (USPTO) launched the Fast-Track Appeals Pilot Program for expedited…
PTAB Provides Guidance on Secondary Considerations of Nonobviousness in Precedential Decision
A finding of a prima facie case of obviousness can be overcome by producing objective evidence of nonobviousness such as…
Use of Drug in a Difficult-to-Treat Disease Not Obvious Without Proof of Efficacy
OSI Pharma v. Apotex Inc. (Fed. Cir. 2019) In a decision issued recently, the Federal Circuit reversed the Patent Trial…
Recent IPR Institution Denials Due to Weaker Grounds and “Catch-All” Grounds
The Patent Trial and Appeal Board (PTAB)’s decision to institute an IPR is discretionary.[1] In SAS Institute, Inc. v. Iancu,[2]…
USPTO Proposes Rule to Recognize Client Privilege Extends to Patent Agents & Foreign Practitioners
On October 18, 2016, the United States Patent and Trademark Office (USPTO) published a proposed rule regarding recognition of privileged…