Post Grant Review

USPTO Announces Final Fee Schedule Update

»»The USPTO is set to implement changes to its Fee Schedule on October 2, 2020. Per the USPTO announcement, this update is “necessary to adjust to increasing costs and to provide necessary resources for Patent operations, including implementing the USPTO 2018-2022 Strategic Plan.”  The changes include an approximate 5% increase of fees across the board. […]

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. […]