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Articles by Pratibha Khanduri
Key Takeaways: Navigating Follow-On Patents in Bio-Pharma
Recent case law and evolving U.S. Patent and Trademark Office (USPTO) practices are raising the stakes for how follow-on patent portfolios are drafted, prosecuted, defended, and challenged. In Sterne Kessler’s webinar “Navigating the Follow-On Patent Battlefield in Bio-Pharma,” Director Christopher Gallo, Ph.D. and Counsel Pratibha Khanduri, Ph.D. explore the battleground surrounding follow-on biopharmaceutical patents and how to successfully navigate this complex IP landscape.
IP Hot Topic: Federal Circuit's Dental Monitoring Opinion Overrules PTAB's Precedential Penumbra Decision | JD Supra
On August 10, 2026, the Court of Appeals for the Federal Circuit in Dental Monitoring SAS. v. Align Technology, Inc.[1] held that the prior art analysis framework prescribed in Dynamic Drinkware, LLC v. Nat'l Graphics, Inc.[2] applies to prior-art determinations under both pre-AIA 35 U.S.C. § 102(e) and AIA 35 U.S.C. § 102(d). As a result, a patent document[3] qualifies as prior art as of its earlier-claimed filing date only if it satisfies the Dynamic Drinkware framework.
USPTO Confirms Different Frameworks for Pre-AIA and Post-AIA Prior-Art Determinations | JD Supra
On November 15, 2023, Director of the United States Patent and Trademark Office (USPTO) Kathi Vidal designated as precedential the Patent Trial and Appeal Board’s (PTAB) final written decision in Penumbra, Inc. v. RapidPulse, Inc.[1] The decision, which issued in March 2023, held that the US Court of Appeals for the Federal Circuit’s framework in Dynamic Drinkware, LLC v. Nat’l Graphics, Inc.[2] for prior-art determinations applies only to pre-AIA determinations and not to post-AIA determinations.
2021 PTAB Year in Review: Analysis & Trends: A Niche Within a Niche: The PTAB’s Evolving Motion to Amend Practice | JD Supra
Summary On March 15, 2019, the United States Patent and Trademark Office (USPTO) introduced a new Motion to Amend (MTA) Pilot Program.1 The Pilot Program gave patent owners an option to (1) receive Preliminary Guidance on the merits of their MTA from the Patent Trial and Appeal Board (PTAB) and (2) submit a revised MTA addressing any issues raised in the Preliminary Guidance. This article explores whether and how the Pilot Program has affected MTA outcomes.
PTAB Strategies and Insights - December 2019: PTAB Precedential Opinion Panel Clarifies the Standard for Establishing a Reference as a Printed Publication at Institution | Sterne, Kessler, Goldstein & Fox P.L.L.C. - JDSupra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
PTAB Strategies and Insights - December 2019 | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
IP Hot Topic: USPTO Releases a Second Update to the PTAB Trial Practice Guide | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Meeting the Notice Requirement
The U.S. Constitution guarantees due process before a person can be deprived of life, liberty, or property. The Administrative Procedure Act (APA) enforces the due process protection in the USPTO and Board proceedings. Under the APA, each party is entitled to receive a timely notice of facts and arguments from the Board and an opportunity to be heard.[i] But what Board actions meet these requirements? The Federal Circuit has provided some guidance, and we expect there is more to come.
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