AIPLA Direct

AIPLA Direct is an exclusive online information service that delivers substantive, to the point, and useful information to all AIPLA members. Substance, clarity, and brevity are the hallmarks of this newsletter. Cases, rulemaking, legislation, and industry developments are carefully distilled and reported.

 

 

  • USPTO Issues Final Rule on Claim Construction Standard USPTO Issues Final Rule on Claim Construction Standard

    October 11, 2018

    The final rule replaces the "broadest reasonable interpretation" standard with the federal court claim construction standard, also known as the Phillips standard, that is used to construe a claim in a civil action under 35 U.S.C. § 282(b).
  • David Ruschke to Become Senior Advisor to Patents

    September 2, 2018

    USPTO Patent Trial and Appeal Board (PTAB) Chief Judge David P. Ruschke is stepping down from his current role on September 2, 2018, to accept a new position as Senior Advisor to Patents, according to the USPTO.
  • Fees ​USPTO May Not Collect Attorneys’ Fees in Section 145 Actions​

    July 30, 2018

    The U.S. Patent and Trademark Office is not entitled to an award of attorneys' fees under the statutory language in 35 U.S.C. 145 stating that "[a]ll the expenses of the proceedings shall be paid by the applicant," the en banc Federal Circuit held July 27, 2018 in a 7-4 decision. Nantkwest, Inc. v. Iancu, Fed. Cir., No. 16-1794, 7/27/2018.
  • Ocean Surveying Lost Foreign Profits May Be Recovered For Section 271(f)(2) Infringement

    June 22, 2018

    Section 284 of the Patent Act permits an award of foreign lost profits as well as damages for infringement under Section 271(f)(2) by supplying components of a patented invention overseas for assembly there, the Supreme Court held June 22, 2018. WesternGeco LLC v. Ion Geophysical Corp., U.S., No. 16-1011, 6/22/2018. The ruling is consistent with an AIPLA amicus brief filed in this case.
  • Hydraulic Fracturing Supreme Court Issues 2 IPR-Related Decisions

    April 24, 2018

    On April 24, 2018, the US Supreme Court released two decisions related to Inter Partes Review (IPR) proceedings before the Patent Trial and Appeal Board (PTAB).
  • Oral Argument Supreme Court Hears Oral Argument On Non-Instituted Claims in PTAB Decisions

    November 29, 2017

    The Supreme Court on November 27, 2017 heard oral argument on whether the Patent Trial and Appeal Board (PTAB) is required by 35 U.S.C. 318(a) to address every patent claim challenged in a petition for inter partes review (IPR). SAS Institute, Inc. v. Lee, U.S., 16-969, oral argument 11/27/2017.