ALEXANDRIA, Va. – January 11, 2022 – Buchanan Ingersoll & Rooney intellectual property attorneys obtained a favorable decision from the U.S. Patent and Trademark Office Patent and Appeal Board (PTAB) on behalf of Hamilton Technologies LLC in an inter partes review patent challenge regarding life-saving mechanical ventilation systems. In its final written decision issued on December 28,
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USPTO Denies First Requests for Director Review of IPR Decisions After Arthrex
By Roger Lee
As a result of the recent Supreme Court decision in U.S. v. Arthrex, Inc., the USPTO implemented an interim review procedure where review of a PTAB final written decision may be initiated by the Director or requested by a party to a PTAB proceeding. In its first decisions on requests for Director review, the USPTO…
IPRs Survive Supreme Court Scrutiny by Allowing USPTO Director to Review PTAB Decisions
The Supreme Court issued a decision today in U.S. v. Arthrex, Inc. upholding the use of inter partes reviews (IPRs) to challenge the validity of issued patents under the America Invents Act. While the Court determined that administrative patent judges (APJs) of the USPTO’s Patent Trial and Appeal Board (PTAB) were unconstitutionally appointed, the Court fixed the problem by…
Todd Walters to Present USPTO LEAP Webinar
On Monday, April 5, Todd Walters, Chair of the firm’s Patent Office Litigation practice and Co-Chair of the Intellectual Property section, will be presenting to members of the United States Patent and Trademark Office’s Legal Experience and Advancement Program (LEAP). The session entitled, “The ‘Perfect’ Oral Argument” will cover how to present an ex parte…
Granted Motions To Amend Rising Under PTAB Pilot Program
By Roger Lee
On March 15, 2019, the USPTO implemented a pilot program making certain changes to motion to amend practice in AIA trial proceedings. Historically, motions to amend have been filed in only 11% of AIA trial proceedings, demonstrating their lack of popularity. The vast majority of motions, 86%, filed prior to the pilot program were denied. In view of…