Jenner & Block

“Patent Trial And Appeal Board Contested Proceedings –The First Six Months,” Bloomberg BNA’s Patent, Trademark & Copyright Journal

In this article, Jenner & Block Partners Reginald J. Hill, Sara Tonnies Horton and Steven R. Trybus review the first six months of operation of the Patent Trial and Appeal Board, which opened on Sept. 16, 2012, to receive petitions for contested proceedings established by the America Invents Act.  The authors examine the metrics from petitions filed in the first six months and decisions related to various procedural issues.  They conclude that covered business method patents have leveled off while inter partes review petitions are “alive and well.”  And they observe that the Board “has also made clear that practitioners are expected to know and heed the board’s rules and decisions.”