PTABWatch, provided by Marshall, Gerstein & Borun LLP, analyzes and reports recent developments concerning Post-Grant Proceedings at the Patent Trial and Appeal Board (PTAB) of the U.S. Patent and Trademark Office (USPTO), including Inter Partes Review (IPR), Post Grant Review (PGR), and Covered Business Method (CBM) proceedings.
Recent Blog Posts
- Establishing Written Description Support May Require Supporting Evidence, More Than Attorney Argument The PTAB’s final written decision in Butamax Advanced Biofuels LLC v. Gevo, Inc. Case IPR2013-00539, Paper 33 (P.T.A.B. 2015), illustrates the importance of providing more than attorney argument to show that claims have written description support in a provisional application. Butamax filed a petition for IPR of claims 1-19 of U.S. Patent No. 8,273,565 owned by Gevo, Inc. The ’565 patent, directed to recombinant yeast microorganisms with increased activity of dihydroxy acid dehydratase, issued from an application that claimed priority to... More