New USPTO Rules for Post-Grant Proceedings

Since the institution of the America-Invents-Act (AIA, the U.S. Patent and Trademark Office (USPTO) has been experiencing growing pains with increasing numbers of post-grant proceedings. In an effort to fine tune the system, on March 31, the USPTO finalized a new set of rules overhauling trial practices affecting America Invents Act post-grant proceedings including inter partes review (IPR), post-grant review (PGR), the transitional program for covered business method patents, and derivation proceedings. (https://www.ptabtrialinsights.com/wp-content/uploads/sites/13/2016/03/final-rules.pdf)  The new Continue Reading →

STLR Link Roundup – Nov. 1, 2015

Supreme Court to revisit patent damage The Supreme Court announced that they intend to consider the issue of “enhance damages” in patent cases, a process allowing for treble damages in face of deliberate patent infringement. (http://www.scotusblog.com/case-files/cases/halo-electronics-inc-v-pulse-electronics-inc/) One issue addresses whether the Federal Circuit erred in applying a two-part test pursuant to 35 U.S.C. §284 to enhanced patent infringement damages. A second focuses on a district court’s right to discretion under 35 U.S.C. § 284 to Continue Reading →