Category Archives: Appeals

Prosecution Guidance from the Fed. Cir. – How to Forfeit Arguments During Your Appeal

Guest post from Tim Bianchi. The Federal Circuit decided an appeal in an ex parte prosecution for Google last week, which may be of interest to patent prosecutors (In re Google Technology Holdings LLC, Appeal No. 2019-1828, November 13, 2020)). … Continue reading

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Immunex v. Sanofi-Aventis – The “Mystery Dance” of Claim Construction

In “Mystery Dance”, Elvis Costello  moans that he’s “tried and I’ve tried, and I’m still mystified” about the “Mystery Dance”, which probably has something to do about romance, but could easily describe the state of the relationship between appeals from … Continue reading

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PTO Announces Requirements for Expedited Appeals for Small Entities

For some years, I have complained that the lack of a timely appeal process to the Board (“PTAB”) effectively removes the appeal process as a prosecution tool. The average pendency of an appeal to the Board from a rejection arising … Continue reading

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