Last fall, the PTAB modified its procedures for IPR claim construction, eliminating the use of the broadest reasonable interpretation standard. Since the rule change last year, companies challenging the validity of patents at the PTAB are required to use the Phillips plain and ordinary meaning standard.
Continue Reading “Addressing Video Game Claims Under the Phillips Standard at the PTAB”
Patent Trial and Appeals Board
New PTAB Guide Creates Uncertainty as to Multiple Petition Situations
By Chinenye Okafor & Harper Batts on
Posted in Patents
The USPTO published its second update to the PTAB Trial and Practice Guide last month. The section addressing procedures for addressing multiple challenges to a patent is a new and noteworthy addition.
In the new section addressing “parallel petitions challenging the same patent” by the same petitioner, the Board states that, “one petition should be sufficient to challenge the claims of a patent in most situations. Two or more petitions filed against the same patent at or about the same time (e.g., before the first preliminary response by the patent owner) may place a substantial and unnecessary burden on the Board and the patent owner and could raise fairness, timing, and efficiency concerns.”
Continue Reading New PTAB Guide Creates Uncertainty as to Multiple Petition Situations