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Publications

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USPTO Introduces Pre-Order Papers for Patent Owners in Ex Parte Reexaminations
Key Takeaway: 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...
Jeremiah Helm and Sean Murray Discuss Federal Circuit Decision on Patent Claim Language in Law360 Article
Knobbe Martens partners Jeremiah Helm and Sean Murray explored the Federal Circuit’s opinion on patent claim construction in Netflix Inc. v. DivX LLC in their latest Law360 column on the...
PTAB to Rehear Ex Parte Baurin: Revisiting the Interplay of Obviousness-Type Double Patenting and Patent Term Adjustment After Cellect and Allergan
Key Takeaway: The PTO Director’s sua sponte rehearing of Ex parte Baurin raises questions regarding the scope of Allergan v. MSN, Examiners’ role in obviousness-type double patenting rejections, and the...
USPTO Director to Consider U.S. Manufacturing and Small Business Status When Instituting or Denying IPR and PGR Petitions
Key Takeaways Effective immediately, the USPTO will consider whether a patent challenger’s accused products or a patent owner’s products are manufactured in the United States as additional factors in the...
Knobbe Martens Partners Outline Major USPTO Policy Shifts in Law360 Article
In a recent Law360 article, Knobbe Martens partners Rosaleen Chou, Ted Cannon, and Philip Nelson highlight significant policy developments at the U.S. Patent and Trademark Office (USPTO) expected to shape...
Jeremiah Helm and Sean Murray’s Discuss Extension of Printed Matter Doctrine in Law360 Column
In their latest Law360 column discussing noteworthy Federal Circuit cases, partners Jeremiah Helm and Sean Murray examine the recent decision in Bayer Pharma Aktiengesellschaft v. Mylan Pharmaceuticals Inc., and how...
USPTO Proposes Rule and Director Implements Policy Likely to Limit Multiple Patent Validity Challenges
On Friday, October 17, the USPTO published a proposed rule that, if implemented, would likely reduce filings of inter partes review patent validity challenges. In addition, USPTO Director John Squires...
Sean Murray and Jeremiah Helm Examine Federal Circuit Decision on AIA Derivation Proceedings in Law360 Article
In their latest Law360 column on recent notable Federal Circuit decisions, partners Sean Murray and Jeremiah Helm offer key takeaways from the court’s ruling in Global Health Solutions LLC v....
Jeremiah Helm and Sean Murray Discuss Evolving IPR Requirements in Latest Law360 Column
In their monthly Law360 column on recent noteworthy Federal Circuit rulings, partners Jeremiah Helm and Sean Murray explore the Federal Circuit’s decision in Shockwave Medical v. Cardiovascular Systems. The Federal...
Irfan Lateef and Ted Cannon Co-Author Piece on Notable Developments in IP Case Law for ABA
Knobbe Martens partners Irfan Lateef and Ted Cannon co-authored “Recent Developments in Intellectual Property Law 2025,” a chapter in the ABA Business and Corporate Law Section’s “Recent Developments in Business...
Ted Cannon Examines Increased PTAB Petition Denials in Bloomberg Law
In the Bloomberg Law article “Growing Denials of PTAB Petitions Demand Sharp Patent Strategies”, Knobbe Martens partner Ted Cannon explored the increase in denials of Patent Trial and Appeal Board...
In Law360 Column, Sean Murray and Jeremiah Helm Discuss Impact of Federal Circuit Decision on IPR Proceedings
In the latest edition of their Law360 column on noteworthy Federal Circuit rulings, partners Sean Murray and Jeremiah Helm examine the recent decision in Sage Products v. Stewart. The Federal...
USPTO Acting Director Issues First Four Discretionary-Denial Decisions | Firm Alert
On May 16, 2025, USPTO Acting Director Stewart issued her first four discretionary-denial decisions since announcing that the Director will decide whether to discretionarily deny inter partes review and post-grant...
Sean Murray and Jeremiah Helm Discuss Strategies for Practitioners Facing Numerous Patent Claims in Law360 Column
In the latest installment of their series on recent noteworthy Federal Circuit decisions, partners Sean Murray and Jeremiah Helm discuss a case “that will make life harder for defendants accused...
In Reuters Westlaw Article, Douglas Wentzel and Joshua Martineau Offer Overview of § 325(d) Petition Practice in Ex Parte Reexamination
Writing in Reuters Westlaw Today, attorneys Douglas Wentzel and Joshua Martineau offer an overview of § 325(d) petition practice, an important but often overlooked opportunity for patent owners to request that the USPTO discretionarily deny...
Ted Cannon Examines PTAB Reform Proposals in Article Published by Reuters Legal
In the Reuters Legal article “Patent Reform Efforts Reflect Trends in PTAB Challenges,” partner Ted Cannon, who co-chairs the firm’s Patent Trial and Appeals Board (PTAB) trials practice group, examines...
Jacob Golan and Benjamin Anger Analyze Six Years of PTAB Trends in Law360
In the article “Data-Driven Insights On Optimizing PTAB Institution Decisions,” Knobbe Martens associate Jacob Golan and partner Benjamin Anger empirically analyzed trends in Patent Trial and Appeal Board (PTAB) institution...
Jeremiah Helm and Sean Murray Discuss the Nuances of Claim Construction in Law360
In the latest installment of Knobbe Martens’ Law360 series on noteworthy Federal Circuit opinions, partners Jeremiah Helm and Sean Murray review a case that highlighted how one word can affect...
Brandon Smith and Brittany Penn Examine 2023 USPTO Director Reviews in New York Law Journal
Knobbe Martens partner Brandon Smith and associate Brittany Penn have authored an article in the New York Law Journal offering analysis and practical tips regarding recent USPTO director reviews. In...
In Law360 Column, Jeremiah Helm and Sean Murray Discuss Recent Fed. Circ. Decision on Factual Support and Appellate Standing
Partners Jeremiah Helm and Sean Murray analyzed the recent decision in Allgenesis Biotherapeutics Inc. v. Cloud Break Therapeutics in the latest installment of Knobbe Martens’ Law360 series on noteworthy Federal...
Jeremiah Helm Examines the Scope Of Analogous Prior Art in Law360 Article
In the latest installment of Knobbe Martens’ Law360 series on noteworthy Federal Circuit opinions, partner Jeremiah Helm writes about the Federal Circuit’s recent Netflix Inc. v. DivX LLC decision. The case, Helm...