Andy Zappia and Bryan Smith break down the USPTO's proposed rule for IPR and PGR proceedings designed to limit multiple validity challenges to patents.

Andy Zappia and Ted Merkel delve into the complexities of the least-used proceeding created by the America Invents Act (AIA): namely derivation proceedings.

Andy Zappia, Nick Gallo, and Bryan Smith explore the evolving landscape of estoppel in inter partes review (IPR) and post-grant review (PGR) proceedings at the Patent Trial and Appeal Board (PTAB).

Andy Zappia, Nick Gallo, and Bryan Smith explore recent shifts in discretionary denial practice at the Patent Trial and Appeal Board.

Andy Zappia, Kim Coghill, and Bryan Smith discuss the new final rule issued for director review in post-grant proceedings before the Patent Trial and Appeal Board (PTAB).

Andy Zappia, Meg O'Gara, and Duke Fitch discuss recent developments in obviousness-type double patenting and original patent requirements, and how they might impact strategies in post-grant proceedings.

In this episode, Troutman Pepper Partner Andy Zappia and Counsel Bryan Smith analyze the sanctions order made public on February 6 in the OpenSky v. VLSI IPR proceeding.

In this episode, Nick Gallo moderates a discussion with firm colleagues Andy Zappia and Bryan Smith on the increasingly active role of the USPTO director in inter partes and post-grant review proceedings, including through the director review procedure.

In this episode, Troutman Pepper Partner Andrew Zappia and attorneys Gunnar Leinberg and Christina Shifton discuss patent-eligible subject matter disputes under 35 USC Section 101 in IPR and PGR proceedings.

In the final installment of this three-episode series, Andy Zappia, Michael Goldman and Megan Thisse O'Gara discuss the mechanics and strategic considerations for using reexamination as a means to amend claims in IPR and PGR proceedings.

In this second installment of a three-episode series, Troutman Pepper Attorney Andy Zappia moderates a discussion with his colleagues Michael Goldman and Megan Thisse O’Gara, on the mechanics and best strategies for using reissue to amend claims in the context of IPR and PGR proceedings.

In this first of a three-episode series, Troutman Pepper's Andy Zappia, Michael Goldman, and Megan Thisse O'Gara discuss the pros and cons of reissue versus reexamination as a means to amend claims in the context of IPR and PGR proceedings.

In this episode, Maia Harris moderates a discussion with Andrew Zappia and Christina Shifton on discretionary denials under 35 USC Section 314, and what clients can expect under the new guidance.

Please join Troutman Pepper's Intellectual Property and Health Sciences Practice Group for the sixth installment of the podcast series focused on strategy, trends, and other happenings at the PTAB. In this episode, Maia Harris, a partner in the firm, moderates a lively discussion with fellow firm partners Frank Liu and Dustin Weeks. Our speakers discuss evidence of secondary considerations of non-obviousness and the burden of proving a nexus to the patented claims. Be on the lookout for the next episode in our podcast series.

Please join Troutman Pepper’s Intellectual Property and Health Sciences practice groups for the fifth installment of their podcast series on strategy, trends, and other happenings at the PTAB. Moderated by Troutman Pepper Partner Maia Harris, this episode features Troutman Pepper Partners Michael Goldman, Edwin (Ted) Merkel, and Andrew Zappia, who focus on the PTO’s recent announcement to extend its Motion to Amend (MTA) Pilot Program. Our speakers discuss MTAs generally, pilot program details, as well as strategies and further considerations on seeking amendments during IPR as opposed to other available post-grant options. Be on the lookout for our next episode of this podcast series, where we will discuss arguments on secondary considerations during IPRs.

Please join Troutman Pepper’s Intellectual Property and Health Sciences practice groups for the fourth installment of their podcast series on strategy, trends, and other happenings at the PTAB. Moderated by Troutman Pepper Partner Maia Harris, this episode features Troutman Pepper Partner Dustin Weeks and Associate Megan O’Gara, who discuss doctrine and practical issues surrounding the the prohibition against recapturing subject matter surrendered in prior prosecution during reissue proceedings. Be on the lookout for our next episode of this podcast series, where we will discuss sovereign immunity at the PTAB.

This episode of our Post-Grant podcast series discusses real parties in interest and how time bars come into play.

In this episode Maia Harris talks with Troutman Pepper Partner Michael L. Goldman and Associate Megan Thisse O’Gara who discuss the basics of supplemental examinations and provide insights for patent owners considering this option. Our speakers also cover the use of supplemental examination to dispose of validity challenges or duty of candor concerns, why a patent owner might file a supplemental examination, timing considerations, and what happens if reexamination is the next step.

Moderated by Maia Harris, this episode features Troutman Pepper Partners Dustin Weeks and Andrew Zappia, who discuss IPR institution procedures and strategies, including the importance of defeating a petition early as a patent owner, as well as considerations regarding patent litigation strategies as a whole. During this podcast, our experts also delve into the substantive and technical arguments to consider as part of a patent owner’s petition and a respondent’s preliminary response.