Category: Post-Grant Review

Supreme Court denies Cert in Cases Challenging Constitutionality of AIA Trials

On October 11, 2016, the US Supreme Court denied petitions for certiorari filed in two cases by parties challenging the constitutionality of post grant proceedings instituted under the Leahy-Smith America Invents Act. In the first case, Cooper v. Lee, No. 15-955, the petitioners argued that 35 U.S.C. § 318(b), which permits the USPTO Patent Trial and Appeal Board to issue certificates cancelling patent claims after inter partes review of issued patents, violates the Separation of Powers […]

PTAB Invalidates Two Livestock Patents in First PGR Decisions

On June 13, 2016, the Patent Trial and Appeal Board (PTAB or Board) issued two post-grant review (PGR) decisions invalidating two livestock valuation patents for being directed to patent ineligible subject matter under 35 U.S.C. § 101, based on the Supreme Court’s opinion in Alice Corp. v. CLS Bank Int’l, 134 S. Ct. 2347 (2014). These are the first PGR decisions to come from the Board under the new Leahy-Smith America Invents Act (AIA) procedure. American Simmental […]