PTAB: BRI of Method Claim Requires Conditional Limitation

by Christopher Francis on February 28th, 2017
Thirty-five PTAB decisions cite Ex parte Schulhauser since that case was designated precedential in October 2016.  Of those thirty-five decisions, all except for one held that the broadest reasonable interpretation of a method cl… Read More

Patent-Eligibility at the PTAB in Ex Parte Appeals

by Charles Bieneman on July 26th, 2015
Far from finding relief from an examiner’s patent-ineligibility rejection at the Patent Trial and Appeal Board (PTAB), patent applicants may find that ex parte appeals are their undoing.  A recent decision in an appeal file… Read More

The PTAB Can Be Aggressive in Raising Patent-Eligibility Under Alice

by Charles Bieneman on April 30th, 2015
Entering a new ground of rejection under 35 U.S.C. § 101, the Patent Trial and Appeal Board, deciding an ex parte appeal, applied Alice Corp. Pty. Ltd. v. CLS Bank Int’l. to hold that claims directed to a system and method for… Read More

CAFC Reverses Examiner’s and PTAB’s Broadest Reasonable Interpretation of “Wireless”

by Charles Bieneman on February 5th, 2015
In an appeal from the Patent Trial and Appeal Board (PTAB), the Court of Appeals for the Federal Circuit (CAFC) reversed the rejection of independent claims 1, 34, and 43 of U.S. Patent Application No. 09/874,423 in In re Kevin R.… Read More

Upcoming Webinar

Decision Points for US Brand Owners Pursuing a Trademark Portfolio in China
January 24, 2019 at 12:00 pm EST
We are delighted to kick off the first B2 IP Webinar of 2019 with David Hannon, Of Counsel at Bejin Bieneman, who will provide an outline of issues for decision by a US brand owner in its pursuit of trademark protection in China. Mr. Hannon will dis…Register

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