On March 14, 2025, the USPTO’s Patent Trial and Appeal Board (PTAB) issued a Final Written Decision in an Inter Partes Review (IPR2023-01372) finding all litigation asserted claims of U.S. Patent No. 9,657,882 unpatentable. The ‘882 patent is owned by Buergofol GmbH from Germany and relates to inner film used to manufacture cured-in-place-pipe (CIPP) liners used to rehabilitate underground pipes. Buergofol had sued Omega Liner Company, Inc. for infringement of the ‘882 patent in U.S. Federal District Court over its sale of CIPP liners. Neustel Law Offices represented the IPR Petitioner, Omega Liner Company, Inc., a small CIPP liner manufacturing business with approximately 50 employees in Canton, South Dakota in the successful IPR campaign.
Category: USPTO
Michael Neustel is a Judge in the USPTO’s 2022 National Patent Application Drafting Competition
Michael Neustel looks forward to being a regional judge in the USPTO’s 2022 National Patent Application Drafting Competition. The competition introduces law students to issues arising in U.S. patent law and develops their patent application drafting skills.
2019 Revised Patent Subject Matter Eligibility Guidance from USPTO on 35 U.S.C. 101
On January 7, 2019, the USPTO issued new patent examination guidelines for USPTO Examiners to consider subject matter eligibility under 35 U.S.C. 101. The USPTO has now provided to U.S. patent attorneys a very helpful PowerPoint presentation that includes the 2019 Revised Patent Subject Matter Eligibility Guidance on 35 U.S.C. 101. This is a 200 slide presentation by the U.S. Patent & Trademark Office which provides excellent information for patent attorneys and their clients on the new USPTO procedures for examining patent applications under 35 U.S.C. 101. This presentation discusses the revised Step 2A in the 35 USC 101 analysis which now includes a two prong approach as shown below:
The new USPTO examination guidelines should significantly increase patent applicants ability to patent software related technologies. You can learn more about the new USPTO guidelines at by reviewing the USPTO PowerPoint presentation on the 2019 Revised Patent Subject Matter Eligibility Guidance on 35 U.S.C. 101 or by visiting the USPTO’s Subject Matter Eligibility Web Page.
The new USPTO examination guidelines should significantly increase patent applicants ability to patent software related technologies. You can learn more about the new USPTO guidelines at by reviewing the USPTO PowerPoint presentation on the 2019 Revised Patent Subject Matter Eligibility Guidance on 35 U.S.C. 101 or by visiting the USPTO’s Subject Matter Eligibility Web Page.