Category Archives: PTAB

USPTO Announces Fast-Track Ex Parte Appeals Pilot Program

July 1, 2020 USPTO Press Release: “WASHINGTON — The United States Patent and Trademark Office (USPTO) today announced plans for the Patent Trial and Appeal Board (PTAB) to begin accepting petitions for expedited resolution of ex parte appeals. The ‘Fast-Track … Continue reading

Posted in PTAB, USPTO Practice and Policy | Tagged , | Leave a comment

Federal Circuit Rules that PTAB Judges are Unconstitutionally Appointed

In Arthrex, Inc. v. Smith & Nephew, Inc., Appeal No. 2018-2140 (Fed. Cir., Oct. 31, 2019), a three Judge Fed. Cir. panel of Moore, Reyna and Chen took a deep dive into the appointments clause of the constitution and held … Continue reading

Posted in Federal Circuit, PTAB | Tagged , | Leave a comment

Phillips Standard of Claim Construction to be Used by PTAB in “AIA Proceedings”

After much deliberation, the USPTO has published a Final Rule mandating that the claim construction standard articulated by the Fed. Cir. in Phillips v. AWH Corp., 415 F.3d 1301 (Fed. Cir. 2005), and used by federal district courts, will replace … Continue reading

Posted in PTAB | Tagged , , , , , , , , | Leave a comment

Ex Parte Young – Expanding the Scope of an “Abstract Idea.”

On July 18th, in appeal no. 2017-007443, the PTAB reversed the Examiner’s rejection to an improved method of manipulating the huge amount of DNA sequence information or “text strings” that are provided by applying the techniques of massively parallel sequencing … Continue reading

Posted in PTAB | Tagged , , , , , , , | Leave a comment