Post-Grant Review
- A petition for Post-Grant Review may be requested within nine months after the grant or reissue of a first-inventor-to-file patent.
- The standard of review requires the petitioner to show that it is more likely than not that at least one of the claims challenged in the petition is unpatentable or, alternatively, that there is a novel or unsettled legal question that is important to other patents or patent applications.
- Discovery may be limited to evidence directly related to factual assertions advanced by either party in the proceeding, including cited documentation, cross-examination, and information inconsistent with positions advanced during the post-grant review proceeding; and either side may move for additional discovery if the parties cannot mutually agree.
- The petitioner’s request to cancel one or more claims of a patent may be grounded on prior art issues such as lack of novelty and obviousness (similar to an Inter Partes Review); as well as other grounds not reviewable under an Inter Partes Review proceeding, such as patent-eligible subject matter, written description, enablement, and indefiniteness. Unlike Inter Partes Review, prior art-based challenges are not limited to patents or printed publications.
Post-Grant Review Process:
Strategy & Foresight
CEO Sangeeta Shah Named In The 2021 Top 50 Women In PTAB Trials
Southfield, Mich. - Brooks Kushman is proud to announce that CEO Sangeeta Shah has been named as one of the Top 50 Women in PTAB Trials. This special recognition is released by the PTAB Bar Association’s Women’s Committee. This organization looked at women practicing before the U.S. Patent & Trademark...
Brooks Kushman CEO Sangeeta Shah Panelist in IPWatchdog PTAB Virtual Event in a Session on Pre-Trail Strategies
SOUTHFIELD, Michigan- Brooks Kushman CEO Sangeeta Shah served as a panelist in a recent IPWatchdog event, the PTAB Masters™ 2021: Winning at the PTAB. This event had sessions that focused on “Beating the PTAB” from the viewpoint of the patent owner. From patent prosecution strategies to harden a portfolio prior to...
Brooks Kushman Shareholder Andrew Turner to Present at PTAB Bar Association Virtual Annual Conference
SOUTHFIELD, Mich. – Brooks Kushman shareholder Andrew Turner will be participating in a panel at the rescheduled PTAB Bar Association Annual Conference now slated for a virtual setting on September 24-25, 2020. The PTAB Bar Association’s Annual Conference brings together practitioners, in-house counsel, and members of the bench for a dynamic...
Nine Brooks Kushman Attorneys Ranked As 2020 Best Lawyer; Two Attorneys Recognized As 2020 Lawyer Of The Year
SOUTHFIELD, Mich. – Brooks Kushman is proud to announce that the firm has been ranked in the 2020 edition of Best Lawyers list of Best Lawyers. Brooks Kushman President Frank Angileri, and shareholders Mark Cantor, Elizabeth F. Janda, John S. LeRoy, Thomas A. Lewry, Marc Lorelli, John E. Nemazi, David Randall, and Sangeeta G. Shah were listed as 2020 “Best Lawyers...
Brooks Kushman Recognized As Gold-Standard Firm By IAM Annual Patent 1000 For the Sixth Year in a Row; Six Attorneys Recognized As Top Practioners
SOUTHFIELD, Mich. – Brooks Kushman, a leading intellectual property (IP) and technology law firm, is proud to announce the firm is once again listed in Intellectual Asset Management`s (IAM) annual Patent 1000, a guide that recognizes the world`s top patent law firms and practitioners in key jurisdictions. Michigan firms were first included in the...
Brooks Kushman Hosts Chinese Delegation in Partnership With Michigan State University
SOUTHFIELD, Mich. – Brooks Kushman, in partnership with Michigan State University (MSU), hosted a Chinese Delegation for a roundtable discussion on Friday, September 7, 2018, in Southfield, Michigan. The roundtable focused on recent developments with U.S. patent challenges and trade secrets. It was moderated by Brooks Kushman shareholder Kristin L....
Brooks Kushman Recognized as Gold-Standard Firm By IAM Annual Patent 1000; Six Attorneys Recognized as Top Practioners
SOUTHFIELD, Mich. – Brooks Kushman, a leading intellectual property (IP) and technology law firm, is proud to announce the firms inclusion in Intellectual Asset Management`s (IAM) annual Patent 1000, a guide that recognizes the world`s top patent law firms and practitioners in key jurisdictions. Michigan firms were first included in the IAM Patent 1000...
Lissi Mojica Recognized in IAM Strategy 300
SOUTHFIELD, Mich. – Brooks Kushman is pleased to announce that Principal Lissi Mojica has been listed in Intellectual Asset Management`s (IAM) annual IAM Strategy 300, a guide that recognizes those who are leaders in their community and leaders in the development and implementation of strategies that maximize the value of IP...
Brooks Kushman Hires Prominent IP Professional; Opens Washington D.C. Office
Southfield, Mich. – (October 12, 2016) – Brooks Kushman is pleased to announce the firm has expanded to Washington, D.C., opening its third office with the addition of Lissi Mojica. The new office is located within walking distance of the Unites States Patent and Trademark Office. The new office will be...
Brooks Kushman Attorneys Named “IP Stars” by Managing IP
Southfield, Mich. - Brooks Kushman is pleased to announce six of the firm’s shareholders have been named “IP Stars” by Managing Intellectual Property (IP) Magazine. This comprehensive guide to leading IP firms and lawyers covers more than 80 countries. Brooks Kushman attorneys recognized as IP Stars by the publication are President...
Brooks Kushman Ranked in Top 2015 PTAB Firms by Docket Navigator
SOUTHFIELD, Mich. — Brooks Kushman has been named one of the top Patent Trial and Appeal Board (PTAB) law firms in a 2015 annual report published by Docket Navigator. The list includes top law firms and corporate legal departments ranked by the number of inter partes review, covered business methods,...
Five Brooks Kushman Attorneys Recognized as 2016 Best Lawyers in America
Southfield, Mich. -Brooks Kushman President Mark Cantor, and Shareholders Frank Angileri, Marc Lorelli, John LeRoy and Elizabeth Janda have been selected for inclusion in the 22nd edition of The Best Lawyers in America. Brooks Kushman attorneys were recognized as 2016 Best Lawyers across a variety of intellectual property (IP) practice areas,...
Brooks Kushman Attorneys Named "IP Stars" by Managing IP
SOUTHFIELD, Mich. - Brooks Kushman is pleased to announce five of the firm’s shareholders have been named “IP Stars” by Managing Intellectual Property Magazine. This comprehensive guide to leading intellectual property (IP) firms and lawyers covers more than 80 countries. Brooks Kushman attorneys recognized as IP Stars by the publication are...
Arthrex Oral Arguments Suggest SCOTUS is Not Ready to Dismantle the IPR System
The U.S. Supreme Court (SCOTUS) heard oral arguments in U.S. v. Arthrex, Inc. on March 1, 2021. SCOTUS granted certiorari on two questions raised by the Government, Smith & Nephew, and Arthrex: Whether, under the Appointments Clause, U.S. Const. Art. II, § 2, Cl. 2, Administrative Patent Judges of the U.S....
Covered Business Method Patent Review Will End as of September 16, 2020
The transitional program for covered business method (“CBM”) patents, which took effect on September 16, 2012, will sunset for new CBM petitions on September 16, 2020. Accordingly, unless Congress extends the program, parties have approximately one month left to file a new CBM petition. The transitional program for CBM patents was...
New USPTO Proposed Rule Addresses All-or-Nothing AIA Reviews, Patent Owner Reply Briefs, and Testimonial Evidence Standards in IPR, PGR, and CBM Proceedings
Pursuant to a recent notice of proposed rulemaking, the U.S. Patent and Trademark Office (“USPTO”) seeks to amend the rules of practice for inter partes review, post-grant review, and the transitional program for covered business method patents proceedings that implemented provisions of the Leahy- Smith America Invents Act (‘‘AIA’’) before...
PTAB Designates Two New Precedential Decisions and One Informative Decision Regarding Discretion to Institute Inter Partes Review
The Patent Trial and Appeal Board (“PTAB”) recently designated two decisions as precedential, and one as informative, that concern its discretion to institute inter partes review. The decisions address issues related to: The non-exclusive factors that are considered by the PTAB under 35 U.S.C. § 325(d) when considering whether to institute...
PTAB Releases New Update to the AIA Trial Practice Guide
The USPTO Patent Trial and Appeal Board (PTAB) recently issued an update to the American Invents Act (AIA) Trial Practice Guide (TPG). The TPG, which was originally published in 2012, was revised in August of 2018 as well (2018 TPG Update) (click here to read our summary of the 2018...
USPTO Proposes New Procedures to Expand Availability of Claim Amendments During AIA Post Grant Proceedings
On October 29, 2018, the USPTO published a request for comments on proposed procedures designed to make it easier for patent owners to amend claims in challenged patents during inter partes review proceedings (IPR) and other AIA post grant trials. The Office stated that, “The goal of the proposed amendment...
USPTO Adopts Federal Court Claim Construction Standard For All AIA Post Grant Proceedings
On October 11, 2018, the U.S. Patent and Trademark Office (“the Office”) published final rules changing the patent claim construction standard used by the Patent Trial and Appeal Board (“PTAB”) in AIA proceedings from the “broadest reasonable interpretation” (or “BRI”) standard to the “Phillips” claim construction standard currently used by...
Supreme Court Upholds Constitutionality of IPR Proceedings, But Strikes Down Partial PTAB Final Written Decisions
The U. S. Supreme Court issued rulings today in two cases involving inter partes review proceedings (“IPRs”) created by the Leahy-Smith America Invents Act (“AIA”). In the first case, Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, No. 16-712 (U.S. Apr. 24, 2018), the Court ruled in a...
PTAB Designates Two New Informative Decisions Addressing Its Discretion to Deny Review under 35 U.S.C. § 325(d) Based on Prior Examination
The PTAB recently designated two decisions as informative that concern its discretion to deny institution of an IPR/CBM petition. Under 35 U.S.C. § 325(d), “In determining whether to institute or order a proceeding . . . the Director may take into account whether . . . the same or substantially...
USPTO Announces Fee Increases Effective January 16, 2018
United States Patent and Trademark Office has published final rules increasing certain fees relating to patent examination and post grant proceedings (Please click here to see the USPTO’s table showing the fee changes relative to the current fees). The new fees generally will be effective on January 16, 2018. The...
PTAB Establishes Criteria Governing Follow-On Petitions for AIA Post Grant Proceedings
General Plastic Industrial Co. v. Canon Kabushiki Kaisha, Case IPR2016-01357 (PTAB Sept. 6, 2017) A familiar strategy in inter partes (“IPR”) review proceedings under the America Invents Act (“AIA”) is for petitioners to file multiple petitions challenging claims in an issued patent, including “follow-on” petitions filed after the initial petition for...
Statements Made in IPR Preliminary Responses
Aylus Networks, Inc. v. Apple Inc., No. 2016-1599 (Fed. Cir. May 11, 2017) In a case of first impression, the U.S. Court of Appeals for the Federal Circuit has held that a patent owner’s statements made in a preliminary statement during an AIA inter partes review (IPR) proceeding may create prosecution...
Federal Circuit Grants En Banc Review of PTAB Amendment Practice
On August 12, 2016, the U.S. Court of Appeals for the Federal Circuit granted rehearing en banc to appellants in In re Aqua Products, Inc to consider the procedures used by the USPTO Patent Trial and Appeal Board (PTAB) to limit the ability of patent owners to amend claims during...
Federal Circuit Rules That PTAB May Base AIA Trial Decision on Facts Outside Petition for Review
The U.S. Court of Appeals for the Federal Circuit recently affirmed a decision by the USPTO Patent Trial and Appeal Board (PTAB) invalidating two patents after an inter partes review proceeding, even though the decision partially rested on references and evidence not disclosed in the challenger’s petition for review or...
Supreme Court Affirms “Broadest Reasonable Interpretation” Claim Construction Standard and Limited Appeals For AIA Trials
On June 20, 2016, the U.S. Supreme Court decided Cuozzo Speed Technologies, LLC v. Lee, No. 15-446. The Court affirmed the decision of the U.S. Court of Appeals for the Federal Circuit, holding that the USPTO acted within its authority in promulgating rules requiring the Patent Trial and Appeal Board to...
Supreme Court Hears Oral Arguments In First Appeal From AIA Post-Grant Proceeding: Justices Focus on Practical Consequences of Dual Claim Construction Standards
On April 25, 2016, the U.S. Supreme Court heard oral arguments in its first appeal from a decision by the USPTO’s Patent Trial and Appeal Board (“PTAB” or “Board”) in an inter partes review proceeding (“IPR”) under the Leahy-Smith America Invents Act of 2011 (“AIA”). Cuozzo Speed Techs., LLC v....
USPTO Issues Scaled-Down Revised Rules For PTAB Trials
On April 1, 2016, the U.S. Patent and Trademark Office published final rules modifying some procedures used in AIA trials before the Patent Trial and Appeal Board (PTAB). The revised rules arise from comments received from practitioners over the last two years that existing PTAB procedures put patent owners at...
Federal Circuit Judges Voice Concern Over PTAB Practice of Denying AIA Petitions Based on Redundancy
In a recent oral argument, Federal Circuit judges criticized the USPTO practice of not instituting AIA post grant proceedings on grounds considered “redundant” of other grounds in a petition. The USPTO conceded that it uses “redundancy” to control its docket without substantive review of the grounds presented in a petition,...
Brooks Kushman Shareholder Andrew Turner Quoted in Law360 on Precedential PTAB Decisions on Denials
SOUTHFIELD, Mich. – Brooks Kushman shareholder Andrew Turner was quoted in a recent Law360 article on March 26, 2020 titled, “3 Takeaways From Precedential PTAB Decisions on Denials.” In this article, experts discuss two decisions that the Patent Trial and Appeal Board (PTAB) recently designated as precedential and one designated as...
Sangeeta G. Shah Quoted in IAM Article on Potential Changes with the Patent Trail and Appeal Board
SOUTHFIELD, MI – Brooks Kushman Shareholder Sangeeta Shah was featured in IAM’s May 10, 2018 article, “Change in claim construction at PTAB may not have a big practical impact but its message is clear.” The article focuses on the recent changes on the Patent Trial and Appeal Board (PTAB) practices...
Sangeeta Shah Discusses Adverse Judgement Request
SOUTHFIELD, Mich. – Brooks Kushman Shareholder Sangeeta Shah was featured in Law360 November 14, 2016 article, “4 Times Patent Owners May Want Adverse Judgment At PTAB.” The article discusses the request by some patent owners to ask the Patent Trial and Appeal Board to kill claims in their own patent. Requesting an adverse judgment can save...
Brooks Kushman Shareholder Discusses the Impact of the AIA and Post-Grant Proceedings in Law360
SOUTHFIELD, Mich. – Brooks Kushman Shareholder Sangeeta Shah was featured in Law360 November 15, 2016 article, “How To Prepare Patents That Can Survive AIA Reviews.” The article discusses that the passage of the America Invents Act and the post-grant proceedings it created to challenge patents has had an impact on patent prosecution. The proceedings force inventors...
Brooks Kushman Shareholder Discusses AIA Appeals In Law360
SOUTHFIELD, Mich. – Brooks Kushman Shareholder Sangeeta Shah was featured in Law360 February 10, 2016 article, “Eyes On High Court As Fed. Circ. Again Limits AIA Appeals.”The article discusses the Federal Circuit’s recent decision in the case of Synopsys, Inc. v. Mentor Graphics Corporation that the Patent Trial and Appeal...
Brooks Kushman Shareholder Discusses AIA Appeals in Law360
SOUTHFIELD, Mich. – Brooks Kushman Shareholder Sangeeta Shah was featured in Law360 July 11, 2015 article, “5 AIA appeals to watch at the Federal Circuit.”The article discusses appeals at the Federal Circuit related to the relatively new America Invents Act. In most cases, the Federal Circuit has largely backed decisions...
Brooks Kushman Shareholder Discusses Patent Trolls in Crain's Detroit Business
SOUTHFIELD, Mich., - Brooks Kushman Shareholder, Marc Lorelli, was featured in an article discussing patent troll litigation in the U.S. Patent and Trademark Office. In the article, “Patent Trolls Take Their Toll,” Lorelli discusses how the Leahy-Smith America Invents Act protects companies against patent trolls, as well as ways that patent...
Brooks Kushman Earns Gold Honors in Patent 1000 Listing
SOUTHFIELD, Mich. – Brooks Kushman, intellectual property and technology law firm, is now listed in Intellectual Asset Management`s (IAM) annual Patent 1000, a guide that recognizes the world`s top patent law firms and practitioners in key jurisdictions. The 2014 IAM Patent 1000 issue marks the first time any firms from...
Brooks Kushman Shareholder reviews the America Invents Act in Detroit Legal News
SOUTHFIELD, Mich. - In an article recently published by Detroit Legal News, Brooks Kushman Shareholder Sangeeta Shah discusses the Leahy-Smith America Invents Act (AIA), and its effects on post-grant proceedings.In the article “Asked & Answered: Sangeeta Shah on America Invents Act,” Shah reviews the ways that the AIA has changed...
CEO Sangeeta Shah Presenting at PTAB Bar Association Annual Conference in D.C.
SOUTHFIELD, Mich. – Brooks Kushman Chief Executive Officer, Sangeeta Shah, will be speaking during a panel discussion at the Patent Trial and Appeal Board (PTAB) Bar Association Annual Conference on March 24, 2022. Shah’s panel, “The Interplay between Ex Parte Reexamination and Inter Partes Review,” will explore the interplay between...
Brooks Kushman Shareholder Andrew Turner to Present at PTAB Bar Association Annual Conference
SOUTHFIELD, Mich. – Brooks Kushman shareholder Andrew Turner will be participating in a panel at the PTAB Bar Association Annual Conference in Washington, D.C. in March. The PTAB Bar Association’s Annual Conference brings together practitioners, in-house counsel, and members of the bench for a dynamic discussion of the Patent Trial Appeal...
Brooks Kushman Shareholder to Speak on Panel at the Managing Intellectual Property PTAB Forum
SOUTHFIELD, Mich. – Managing Intellectual Property is hosting the Patent Trial and Appeal Board (PTAB) Forum 2018 in both Palo Alto and New York. The forum will discuss the impact that the America Invents Act (AIA) has had on the patent litigation landscape. Brooks Kushman shareholder Linda Mettes will be speaking on a panel...
Brooks Kushman Shareholders to Speak at the Best Practices in Intellectual Property Sixth Annual Conference
SOUTHFIELD, Mich. – Best Practices in Intellectual Property (BPIP) is hosting its sixth annual conference in Tel Aviv. The conference, IP Management: Today’s Global Issues, updates attendees on global IP issues, trends and legislation. It also demonstrates practical tools, methods and new ideas that can be applied to growing and strengthening a...
Brooks Kushman Principal Lissi Mojica To Speak at GW Law Conference Post-Grant Practice Roundtable Discussion
Washington D.C. – Brooks Kushman principal Lissi Mojica will participate in the third annual GW Law Conference Post-Grant Practice Roundtable Discussion on September 28, 2017 in Washington D.C. at The George Washington University Law School. The half-day program consists of patent leaders from academia, industry and government to provide attendees many...
Brooks Kushman Principal Lissi Mojica To Speak at CPTCLA Fall CLE Seminar
Washington D.C. – Brooks Kushman principal Lissi Mojica will be presenting at The Carolina Patent, Trademark & Copyright Law Association (CPTCLA) Fall CLE Seminar on September 22, 2017 in South Carolina at the Kiawah Island Golf Resort. Her presentation is titled, “Federal Circuit Decisions and How They Are Impacting the Policies...
Frank Angileri to Present at Detroit FCBA Event
SOUTHFIELD, Mich. – Brooks Kushman shareholder Frank Angileri will speak on a panel discussing the Patent Trial and Appeal Board (PTAB) at an intellectual property conference hosted by the Federal Circuit Bar Association’s (FCBA) and Wayne State University Law School. The conference will be held on April 19th at Wayne State...
Brooks Kushman Principal To Discuss the Evolution and Impact of PTAB Five Years Post-AIA
SOUTHFIELD, Mich. – Brooks Kushman Principal Lissi Mojica will serve on a panel during the Practising Law Institute’s 11th Annual Patent Law Institute, at the PLI New York Center in New York, New York on April 6, 2017. The program is designed to be of practice value for those in the patent law...
Principal Lissi Mojica to Speak at FCBA
WASHTINGTON, D.C. – Brooks Kushman Principal Lissi Mojica will speak at the Federal Circuit Bar Association’s (FCBA) regional meeting at the Rocky Mountain Regional US Patent and Trademark Office in Denver, Colorado on February 17, 2017. The program will focus on current topics related to patent litigation and the Courts...
Brooks Kushman Shareholder to Discuss Post Issuance Proceedings at IP Enforcement Summit
SOUTHFIELD, Mich. – Brooks Kushman Shareholder Sangeeta Shah will serve on a panel at the Centerforce IP Enforcement Summit in Chicago on April 12, 2016 for the third consecutive year. Through the adoption of the America Invents Act (AIA), inter partes review has transformed the patent litigation landscape. Shah’s panel will...
Brooks Kushman Shareholder to Discuss Post-Grant Proceedings at IP Strategy Summit
SOUTHFIELD, Mich. – Brooks Kushman Shareholder Sangeeta Shah will serve on a panel at the Centerforce IP Strategy Summit in Chicago on May 12, 2015. The panel will focus on the proceedings for challenging patents created by the America Invents Act (AIA) and understanding how to best utilize the processes for effective defensive and enforcement strategies. Shah...
Brooks Kushman Shareholder to Discuss IP Litigation at InsideCounsel SuperConference
SOUTHFIELD, Mich. - Brooks Kushman Shareholder Frank Angileri will speak to attendees of the 15th annual InsideCounsel SuperConference on May 13, 2015 in Chicago. This annual conference helps legal professionals of all levels become strategic partners within their organizations.Angileri will discuss strategies for businesses to prepare for intellectual property litigation that help reduce risks and gain proactive...
Brooks Kushman Shareholder to Discuss Post-Grant Proceedings at International Women`s Leadership Forum
SOUTHFIELD, Mich. – Brooks Kushman, Shareholder Sangeeta Shah will discuss post-grant proceedings at Managing IP`s International Women`s Leadership Forum on June 6, 2014 in New York. Shah`s presentation will focus on the new post-grant proceedings created under the 2013 America Invents Act. Shah will discuss the trends that she has seen...
Brooks Kushman Shareholder to Serve as Panelist at the Centerforce IP Strategy Summit
SOUTHFIELD, Mich. – Brooks Kushman Shareholder, Sangeeta G. Shah, will serve on a panel at the Centerforce IP Strategy Summit in Chicago on May 13, 2014. The panel will focus on the intricacies of post-grant proceedings and its use as a powerful tool in patent litigation strategy. Shah and the other...
PTAB Year in Review: New Designated Decisions and Procedures Impact AIA Trial Strategies
While 2020 was an impactful year for everyone, the Patent Trial and Appeal Board (PTAB) designated numerous decisions and implemented procedural changes that affect AIA Trial Practice. These new developments include: Rule Changes (Institution, Presumptions) and Clarification Memos (Applicant Admitted Prior Art) Discretionary Denials due to Prior Examination (Advanced Bionics) and Parallel...
PTAB Year in Review - Designated Decisions, Constitutional Challenges, and AIA Procedures
The Patent Trial and Appeal Board (PTAB) continued to have a meaningful impact on IP litigation in 2019 as the preferred venue for challenging validity. There were a number of significant developments at the PTAB in 2019 including: numerous designated decisions, Constitutional challenges, and several procedural updates that will affect...
2018/2019 Supreme Court Intellectual Property Review
The U.S. Supreme Court has concluded their term and continues to issue significant decisions affecting intellectual property. While the Court was relatively quiet on the patent side, they did issue a number of landmark copyright and trademark decisions. During this one-hour webinar, Frank Angileri and Chanille Carswell discussed the Court’s...
Managing High-Stakes IP Litigation
Intellectual property assets, including patents, copyrights, trademark, and trade secrets, represent critical assets in today’s marketplace. Over the last several years, IP litigation has changed drastically and includes administrative proceedings that play a significant role in shaping your litigation strategy. In this webinar, Brooks Kushman IP litigators discussed how to prepare...
PTAB Year in Review and Looking Forward - New Procedures Require Reassessment of AIA Trial Strategies
During 2018, Federal Circuit and Supreme Court rulings triggered important changes to IPR and other post grant proceedings before the Patent Trial and Appeal Board. In addition, the Board recently announced several new procedures that will affect AIA trial practice. These changes present new options for both petitioners and patent...
IP Litigation in 2019: Key Developments from 2018 and Predictions for the New Year
2018 was another eventful year for intellectual property litigation. In addition to developments in AIA post-grant trials before the PTAB, the Supreme Court and Federal Circuit issued several landmark decisions affecting both IP owners and accused infringers. By all indications, 2019 promises even more changes, as the Supreme Court already...
Strategies for Managing a Global Patent Portfolio
Managing global patent portfolios is no small feat. Especially since certain emerging markets are becoming increasingly important and will play a vital role in your company’s IP strategy. In-house counsel, in cooperation with outside counsel, need to work together to accomplish your company’s business strategy and IP goals. During this webcast,...
Second Quarter Supreme Court and Federal Circuit IP Review
At the end of each quarter, we review significant appellate decisions during the quarter that will have the greatest impact on Intellectual Property law and practice. Watch this video to hear BK attorneys discuss the practical implications of multiple important recent rulings from the Supreme Court and the Federal Circuit,...
SAS And Oil States: How New Supreme Court Rulings Will Change Post-Grant Strategy
The Supreme Court’s recent decisions in SAS and Oil States mark a milestone in the evolution of AIA post grant proceedings. Although the Court affirmed the constitutionality of USPTO administrative review of issued patents, the Court also signaled that AIA trial procedures must adhere closely to the statutory framework. As...
What’s New on Section 101 Jurisprudence
In this webinar, the panel, including Brooks Kuhsman Shareholder David Randall, discussed updates on patent eligible subject matter since the Alice Bank, Enfish, Mayo Collaborative, and Sequenom v. Ariosa line of cases. They covered case law from federal courts, decisions from the PTAB, results of the USPTO’s roundtables last year...