Comments to the USPTO on AIA Trial Procedures

On July 6, the Computer and Communications Industry Association submitted comments on America Invents Act (AIA) trial procedures in response to the PTO’s ongoing request for such feedback, most recently at the PTAB Judicial Conference in June.

Our comments, briefly summarized, are that:

  • The inter partes review (IPR) procedure has been successful in providing an efficient mechanism for second level review of PTO patent grants, the purpose for which it was intended by Congress.
  • IPR is a fair procedure producing accurate results, based on results of appellate reviews and comparison to similar post-grant systems worldwide.
  • Current multiple petition practice is necessary to protect the rights of petitioners and also not unduly burdensome or harassing with respect to patent owners.
  • The broadest reasonable interpretation standard of claim construction, as upheld in Cuozzo, remains appropriate.
  • The PTAB should endeavour to update the parties on claim construction changes as soon as is practical.
  • Current amendment practice is sufficient.
  • The PTAB should continue to have the same panels decide on institution and final decision.

Because this is an informal feedback process, comments are not made public by the PTO.  We believe that our comments are helpful resources for understanding AIA trial procedures and the debates regarding those procedures.  We also believe it’s important to make public as many such comments as practical.  In order to help fulfill this goal, we’ve collected comments from other organizations and companies and made them available on Patent Progress.  

Collected here are copies of, or links to, comments submitted to the USPTO which we have been granted permission to make public.  If you have submitted comments that you would like to have made public, please contact us.

CCIA Comments On AIA Trial Procedures

IA-Comments-On-PTAB-Procedural-Reform-Initiatives

PTAB Suggestions of 13 Companies

SEC Comments on PTAB AIA Trials

If you have submitted comments that you would like to have added to this page, please let us know.

Joshua Landau

Joshua Landau is the Patent Counsel at the Computer & Communications Industry Association (CCIA), where he represents and advises the association regarding patent issues.  Mr. Landau joined CCIA from WilmerHale in 2017, where he represented clients in patent litigation, counseling, and prosecution, including trials in both district courts and before the PTAB.

Prior to his time at WilmerHale, Mr. Landau was a Legal Fellow on Senator Al Franken’s Judiciary staff, focusing on privacy and technology issues.  Mr. Landau received his J.D. from Georgetown University Law Center and his B.S.E.E. from the University of Michigan.  Before law school, he spent several years as an automotive engineer, during which time he co-invented technology leading to U.S. Patent No. 6,934,140.

Follow @PatentJosh on Twitter.