• USPTO trial procedure

    Liberty Mutual Restricts the Scope of Post-Grant Review

    by  • November 23, 2012 • Business method review, Post-grant review, USPTO trial procedure

    The Board’s decisions in Liberty Mutual (CBM2012-00003) denying grounds raised in a petition for covered business method patent review are momentous in several respects. The Orders, denying 196 of the 422 grounds of patentability raised against 20 claims, were issued only about 5 weeks after the petition was filed. The Order specifying redundancies objected to [...]

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    A First Look at the Post-Grant Patent Trial Practice Guide

    by  • August 24, 2012 • Featured, USPTO trial procedure

    The final Patent Trial Practice Guide makes significant revisions to the original proposed version, and presents a comprehensive but concise summary that provides the best introduction to procedure in post-grant trials. In the next few years, the Guide and detailed USPTO responses to comments on the final Trial Practice Rules will provide the most significant [...]

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    The New Duty of Disclosure in Post-Grant Oppositions

    by  • February 28, 2012 • Featured, Inequitable conduct, USPTO trial procedure

    The Trial Rules proposed by the USPTO to implement post-grant oppositions under the America Invents Act would create a new duty of disclosure for parties, that is not limited to the materiality standard for inequitable conduct under Therasense. A violation of the proposed rules could result in sanctions including adverse judgment for the failure to [...]

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