The Federal Circuit has ruled in Facebook, Inc. v. Windy City Innovations, LLC that the Patent Trial and Appeal Board’s (PTAB) practice of permitting petitioners to join themselves as parties to existing reviews and adding new issues by joining new petitions to earlier ones is contrary to the America Invents Act (AIA).
The USPTO has issued the following update regarding their offices:
Out of an abundance of caution for the health and safety of the public and USPTO employees, all USPTO offices will be closed to the public beginning Monday, March 16, 2020 until further notice. USPTO offices will remain open for employees, contractors, and those with access badges. Unless otherwise notified, USPTO operations will continue without interruption. Patent and trademark application deadlines and other deadlines are not extended. Those with official business with the USPTO should reach out to their points of contact with any questions or through the CONTACT US link. Thank you for your cooperation. We regret any inconvenience. For more information on coronavirus please visit: cdc.gov/covid19.
The USPTO has issued the following update regarding in-person meetings:
Until further notice, examiner and examining attorney interviews, Patent Trial and Appeal Board (PTAB) and Trademark Trial and Appeal Board (TTAB) oral hearings, and other similar in-person meetings with parties and stakeholders scheduled to take place at USPTO offices on or after Friday, March 13, 2020 will be conducted remotely by video or telephone. Parties will receive further instructions on how to participate by video or telephone in advance of the interview, hearing, or meeting.
Fish Post-Grant has released its annual Post-Grant Report for 2019, which takes a deep dive into the cases, trends, and statistics that shaped post-grant practice throughout the year and postulates how they may affect practitioners going forward.