USPTO Introduces Pre-Order Papers for Patent Owners in Ex Parte Reexaminations
Jarom D. Kesler & Joshua M. Martineau
With the decline of inter partes review (IPR) proceedings and the significant increase in ex parte reexamination (EPR) proceedings, the U.S. Patent and Trademark Office (USPTO) is allowing EPR patent owners to submit a new “pre-order” paper prior to the USPTO’s institution decision. This change gives patent owners significant new opportunities to be heard and potentially avoid a full patent office trial targeting their patent.
Standing Still? Only if Injury-In-Fact Is Tied to the Claims at Issue
Ari Feinstein & Cesar A. Estrada
An appellant seeking to establish Article III standing based on an injury-in-fact flowing from the appellee’s challenged patent must link its own product to the claims at issue.
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