Latest from Buchanan PTAB Report

ALEXANDRIA, Va. – January 11, 2022 – Buchanan Ingersoll & Rooney intellectual property attorneys obtained a favorable decision from the U.S. Patent and Trademark Office Patent and Appeal Board (PTAB) on behalf of Hamilton Technologies LLC in an inter partes review patent challenge regarding life-saving mechanical ventilation systems.  In its final written decision issued on December 28,

The Supreme Court issued a decision today in U.S. v. Arthrex, Inc. upholding the use of inter partes reviews (IPRs) to challenge the validity of issued patents under the America Invents Act. While the Court determined that administrative patent judges (APJs) of the USPTO’s Patent Trial and Appeal Board (PTAB) were unconstitutionally appointed, the Court fixed the problem by

On Monday, April 5, Todd Walters, Chair of the firm’s Patent Office Litigation practice and Co-Chair of the Intellectual Property section, will be presenting to members of the United States Patent and Trademark Office’s Legal Experience and Advancement Program (LEAP). The session entitled, “The ‘Perfect’ Oral Argument” will cover how to present an ex parte

On March 15, 2019, the USPTO implemented a pilot program making certain changes to motion to amend practice in AIA trial proceedings. Historically, motions to amend have been filed in only 11% of AIA trial proceedings, demonstrating their lack of popularity. The vast majority of motions, 86%, filed prior to the pilot program were denied. In view of

The USPTO published a final rule relating to AIA trial proceedings before the Patent Trial and Appeal Board (“PTAB”).  The final rule addresses three aspects of AIA trial proceedings. 

First, the rule formally implements the PTAB’s current guidance concerning the scope of institution in view of the Supreme Court’s decision in SAS Institute.  Under current

The U.S. Patent and Trademark Office (USPTO) has announced a Fast-Track Appeals Pilot Program to allow an Appellant to have an ex parte appeal advanced out of turn. The effective date of the program is July 2, 2020. The target is to have a decision on the appeal within six months of entry into the program.