Theodore Rand

Jul 29, 2024 | jdsupra.com | Dion Bregman |Theodore Rand |Alexander Stein

In a recent opinion, the Federal Circuit added several new wrinkles to amendment practice in inter partesreview proceedings. The court affirmed the Patent Trial and Appeal Board’s determination that most of the original claims challenged by an IPR were unpatentable as obvious, and reversed the Board’s determination as to the sole surviving claim, concluding that it too was unpatentable as obvious.

Jul 26, 2024 | morganlewis.com | Theodore Rand |Alexander Stein |Dion Bregman

In a recent opinion, the Federal Circuit added several new wrinkles to amendment practice in inter partesreview proceedings. The court affirmed the Patent Trial and Appeal Board’s determination that most of the original claims challenged by an IPR were unpatentable as obvious, and reversed the Board’s determination as to the sole surviving claim, concluding that it too was unpatentable as obvious.

Jun 17, 2024 | ipwatchdog.com | Alexander Stein |Theodore Rand

“Looking at the Director Review (DR) decisions so far in 2024, preliminary observations show that the landscape around the DR process appears to be shifting from sua-sponte focused DRs to party-initiated DRs.”Prior to the Supreme Court’s 2021 decision in United States v. Arthrex, Inc., while there were some mechanisms for review of decisions by Patent Trial and Appeal Board (PTAB) panels, Director Review (DR) as a standalone review mechanism was essentially non-existent.

Jun 17, 2024 | morganlewis.com | Alexander Stein |Theodore Rand

Prior to the Supreme Court’s 2021 decision in United States v. Arthrex, Inc., while there were some mechanisms for review of decisions by Patent Trial and Appeal Board panels, Director Review (DR) as a standalone review mechanism was essentially nonexistent. After Arthrex, however, that changed—with the US Patent and Trademark Office setting forth an interim DR process, followed by a revised DR process, and now formal rulemaking in April 2024.

Jul 28, 2023 | jdsupra.com | Dion Bregman |Theodore Rand |Alexander Stein

The US Patent and Trademark Office (USPTO) recently issued an update to its procedures for interim Director Review (DR) of decisions by the Patent Trial and Appeal Board (PTAB), evidencing USPTO Director Kathi Vidal’s efforts to formalize the process and procedures for conducting DRs following the US Supreme Court’s Arthrex decision. The July 24, 2023 update further revises the interim DR process published on June 29, 2021 (and subsequently updated in April, May, and June 2022).