October 2022

What Is Alternative Dispute Resolution (ADR)?

USPTO Alternative Dispute Resolution An alternative dispute resolution (ADR) is any procedure, agreed to by the parties of intellectual property disputes, in which they use the services of a neutral party to assist them in reaching agreement and avoiding litigation. Types of ADR include arbitration, mediation, negotiated rulemaking, neutral factfinding, and minitrials. With the exception […]

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Patent Trial and Appeal Board Sanctions (PTAB): What You Need to Know

Patent Trial and Appeal Board Sanctions: What You Need to Know In inter partes review, covered business method and post-grant review proceedings, the Patent Trial and Appeal Board (PTAB) may impose sanctions on a party if that party is found to have committed misconduct during a review. Sanctions can include monetary penalties, exclusion from participation in

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ITC Litigation and Section 337 Proceedings

ITC Litigation and Section 337 Proceedings The Tariff Act of 1930 (19 U.S.C. $ 1337) gives the International Trade Commission (\”ITC\”) exclusive jurisdiction over certain intellectual property disputes. These proceedings have become increasingly popular because they typically resolve themselves far faster than going to trial in Federal Court. An ITC litigation attorney requires an understanding

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Covered Business Method Review

A Covered Business Method Review (CBM Review) is a type of post-grant proceeding available under the America Invents Act (AIA). CBM Reviews are intended to provide a quicker and cheaper alternative to traditional patent litigation for challenging the validity of covered business method patents. To initiate a CBM Review, a petitioner must file a petition

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