Tag Archives: PTAB

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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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

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Hulu v. Soundview Innovations – the Shifting Sands of Printed Publications

In Hulu v Soundview Innovations, IPR2018-01039, the PTAB was faced with the question of whether or not a certain textbook was a “printed publication” that was “publicly available” and so qualified as prior art against U.S. Pat. No. 5,806,062 – … Continue reading

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