AIA Blogs

  • New Pilot Program Concerning Motions To Amend
    Monday, March 25, 2019

    On March 15, 2019, the USPTO published a final pilot program for motions to amend (MTA) in AIA trial proceedings in the Federal Register. 84 Fed. Reg. 9497-9507 (Mar. 15, 2019). This pilot program applies to all AIA trial proceedings instituted on or after March 15, 2019; and does not extend the statutory requirement that trials […]

  • Federal Circuit Decrees that Assignor Estoppel Does Not Apply to IPR Petitions
    Thursday, December 6, 2018

    Arista Networks, Inc. v. Cisco Systems, Inc., Case No. 2017-1525 (Fed. Cir. Nov. 9, 2018) The Federal Circuit recently ruled that a petition for inter partes review is not barred by assignor estoppel when the petitioner is in privity with a co-inventor who had assigned his rights to the current patent owner. The court adopted […]

  • Is Uncle Sam a “Person”? Supreme Court Grants Cert to Consider Government Standing in CBM Proceedings
    Thursday, November 1, 2018

    Return Mail Inc. v. United States Postal Service, Case No. 17-1594 (U.S. Oct. 26, 2018) The U.S. Supreme Court granted certiorari in a case concerning a government agency’s standing to challenge the patentability of an issued patent by filing a petition under the America Invents Act’s Transitional Program for Covered Business Method Patents (“CBM”). The […]

  • PTAB Releases Revised AIA Trial Guide
    Tuesday, August 14, 2018

    The USPTO Patent Trial and Appeal Board has issued a revised AIA Trial Practice Guide, updating the original guide published in 2012. The revised TPG, which was published in the Federal Register on August 13, 2018, provides updated guidance on practice and procedure before the PTAB in inter partes review, post grant review, and covered […]

  • Federal Circuit Rules that Tribal Sovereign Immunity Does Not Apply in IPR Proceedings
    Monday, July 23, 2018

    Federal Circuit Rules that Tribal Sovereign Immunity Does Not Apply in IPR Proceedings In a closely-watched case, the U.S. Court of Appeals for the Federal Circuit affirmed a decision by the USPTO’s Patent Trial and Appeal Board and held that tribal sovereign immunity does not apply to inter partes review proceedings under the America Invents […]