Friday, November 27, 2015

PTAB - Summary in Fiscal Year 2015

The USPTO gave the following summary of PTAB opinions, pilot programs, and events in Fiscal Year 2015:

Informative/Representative Opinions

"The PTAB issued the following five informative opinions in FY2015:

Cisco Systems, Inc. v. C-Cation Techs, LLC, IPR2014-00454, Paper 12 (PTAB Aug. 29, 2014) (impermissible incorporation of arguments into petition by reference)

TRW Automotive US LLC v. Magna Electronics, Inc., IPR 2014-00293, Paper 18 (PTAB June 27, 2014) (meaning of “serv with a complaint” under 35 U.S.C. § 315(b))

Conopco, Inc. v. Procter & Gamble Co., IPR2014-00506, Paper 25 (PTAB Dec. 10, 2014) (addressing request for expanded panel on rehearing)

AOL Inc. v. Coho Licensing LLC, IPR2014-00771, Paper 12 (PTAB Mar. 24, 2015) (addressing request for expanded panel on rehearing)

Arris Group, Inc. v. C-Cation Techs, LLC, IPR2015-00635, Paper 10 (PTAB May 1, 2015) (granting motion for additional discovery on privity issue)

The PTAB issued the following representative opinions in FY2015:

Corning Optical Communications RF, LLC v. PPC Broadband, Inc., IPR2014-00441, Paper 19, (PTAB Oct. 30, 2014)(guidance on requirements for motion to amend)

Dell, Inc. v. Electronics and Telecomms. Res. Inst., IPR2015-00549, Paper 10 (PTAB Mar. 26, 2015) (applying estoppel under 35 U.S.C. § 315(e)(1)

Westlake Services LLC v. Credit Acceptance Corp., CBM2014-00176, Paper 28 (PTAB May 14, 2015) (discussing estoppel under 35 U.S.C. § 325(e)(1))

MasterImage 3D, Inc. v. RealD Inc., IPR2015-00040, Paper 42 (PTAB July 15, 2015) (guidance on requirements for motion to amend)

The PTAB implemented and/or announced the following Pilot Programs during FY2015:
  • Expedited Patent Appeal Pilot (implemented June 19, 2015)
  • Proposed Pilot Program Exploring an Alternative Approach to Institution Decisions in Post Grant
  • Administrative Reviews (announced Aug. 25, 2015, with request for comments due Nov. 18, 2015)
  • Streamlined, Expedited Patent Appeal Pilot for Small Entities (implemented Sept. 18, 2015)
  • PTAB-Related Topics Covered in USPTO articles
  • The PTAB published the following articles on its Web page during FY2015:
  • Effective Use of Claim Grouping in Appeals to the Patent Trial and Appeal Board (published Mar. 11, 2015)
  • Organizational Structure and Administration of the Patent Trial and Appeal Board (published May 2015)
  • USPTO Announces Streamlined, Expedited Patent Appeal Pilot for Small Entities (published Sept. 17, 2015)
  • Proposed Changes to Rules Governing PTAB Trial Proceedings (published Aug. 19, 2015)
  • PTAB’s Quick-Fixes for AIA Rules Are to Be Implemented Immediately (published Mar. 27, 2015)
  • PTAB Hits the Road Again in November 2014 for Detroit Region Roadshows about the AIA Trials (published Oct. 28, 2014)
In addition to the many speaking events in which PTAB judges participate monthly, the PTAB hosted several noteworthy Outreach Events during FY2015:
  • PTAB Statistics and Key Decisions (Feb. 3, 2015)
  • Do’s and Don’ts for Ex Parte Appeals (Apr. 7, 2015)
  • Discovery in AIA Trials (July 14, 2015)
  • Ask the Judges panel (August 4, 2015)
  • PTAB Bench & Bar Conference (June 18, 2015)
  • AIPLA/USPTO Roadshows(San Jose, Dallas, and Alexandria) (August 24‒28, 2015)
For more information on any of the items mentioned in this email, please see the PTAB’s Web page at If you have suggestions for other topics that you would like to see covered by the PTAB in a future Outreach event, please email your suggestions to"

Copyright © 2015 Robert Moll. All rights reserved.