Firm News

USPTO Extends AFCP 2.0 Until September 30, 2019

»»The U.S. Patent Office announced that the After-Final Consideration Pilot 2.0 (AFCP 2.0) will be extended another year. Originally implemented in May 2013, the program allows for amendments and responses for the examiner’s consideration to be submitted after a Final Office Action has been sent. Prior to the implementation, applicants were limited to filing appeals […]

USPTO ADOPTS PHILLIPS CLAIM CONSTRUCTION

»»Starting November 13, 2018, all IPR, PGR, and CBM proceedings will conduct their claim construction using the Phillips standard put forth by the Federal Circuit in 2005, turning away from the Broadest Reasonable Interpretation (BRI) standard it currently uses. This brings the PTAB in line with the Federal Courts and the ITC in examination standards. […]

Maier & Maier Partner Stephen G. Kunin Named ‘Best Lawyer’ for 2019

»»Best Lawyer Magazine has named it’s 2019 Best Lawyers in Washington, D.C., including Maier & Maier’s Stephen G. Kunin among its Intellectual Property Law recognitions. Mr. Kunin’s illustrious career includes more than three decades at the United States Patent Office, spending one of those decades as the Deputy Commissioner for Patent Examination Policy, and 13 […]

USPTO Addresses Expanded PTAB Panels With New Standard Operating Procedures

»»The USPTO’s Patent Trial and Appeal Board (“PTAB”) has issued two revisions to the Standard Operating Procedures with the stated goal of “increasing transparency, predictability, and reliability across the USPTO”. The first, SOP 1, aims to provide clarity and certainty to the PTAB practice of expanded panels, which has come under criticism in recent years […]

Maier & Maier Mounts Yet Another Successful Defense at the PTAB

»»In their latest triumph at the PTAB, Maier & Maier PLLC has won a major victory for GREE, Inc. by securing a non-institution decision, overcoming 3 challenges to their social gaming patent asserted by Supercell Oy in PGR2018-0037. The challenged patent (9,662,573) covers a method for controlling a server device, a server device, a computer-readable […]

Oracle Corp. v. Click-to-Call Technologies LP

»»Under 315(b) of the AIA (America Invents Act), Inter Partes Review “may not be instituted if the petition requesting the proceeding is filed more than 1 year after the date on which the petitioner, real party in interest, or privy of the petitioner is served with a complaint alleging infringement of the patent.”[1] The Click-to-Call […]

USPTO Proposes Patent Fee Changes

»»The USPTO has published a Notice in the Federal Register of proposed patent fee changes for public comments. The fee adjustments resulting from this effort will not be implemented until the January 2021 timeframe.  The proposed average five percent increase to fees is similar to fees rising by 1.6 percent annually over a three year […]

Stephen G. Kunin Selected For 2019 Best Lawyers Award!

»»Maier & Maier is pleased to announce that one of our partners, Stephen G. Kunin has been selected by his peers for inclusion in the 2019 25th Edition of The Best Lawyers in America. This recognition in the field of Patent Law has been released publicly and is now available on www.bestlawyers.com. We congratulate him […]

Tribal Sovereign Immunity Does Not Apply in IPR Proceedings

»»In Saint Regis Mohawk Tribe v. Mylan Pharmaceuticals Inc., Nos. 18-1638 to 18-1643, the Federal Circuit, in a precedential decision, affirmed the PTABs denial of St. Regis’s motion to terminate IPRs filed by Mylan based on tribal sovereign immunity. Tribal immunity does not apply in IPR proceedings because the USPTO is pursuing an adjudicatory agency action. […]

PTAB Designates 5 Decisions as Informative

»»The PTAB has designated five new decisions as informative, three on IPR practice procedure and two ex parte decisions (one on issue preclusion and one on claim construction): Ariosa Diagnostics v. Isis Innovation Ltd., IPR2012-00022, Paper 55 (PTAB Aug. 7, 2013) Here the Board provides guidance on foreign depositions, both on the location where they […]