Posts in Patent Trial and Appeal Board


The PTAB Killing Fields: VirnetX patents worth more than $1 billion in district court lost at PTAB

So obviously the patent claims VirnetX has used to pursue infringers such as Apple and Microsoft are not the weak patents that opponents of the patent system …

Broad List of References by PTAB Not Adequate Notice of Specific Combinations of Prior Art

The Court warned that by holding that EmeraChem did not have adequate notice or opportunity to respond, it was not holding that the Board is constricted in …

Lex Machina PTAB report highlights top petitioners, patent owners and law firms appearing in cases

Some of the reports most interesting findings involve which entities are most active at the PTAB as well as the law firms representing parties most frequently during …
By Steve Brachmann
5 days ago 0

Apple, APJ Clements and final written decisions: a lethal cocktail for patents

When just looking at the subset of final written decisions resulting from Apple petitions where APJ Clements was on the panel, 24 final written decisions deem all claims …
By Steve Brachmann
6 days ago 9

Sovereign Immunity of Patents: While a Strong Benefit to Patent Owners, These Patents Remain Subject to Traditional Challenges

The United States Patent Trial and Appeal Board (“PTAB”) recently dismissed another inter partes review (“IPR”) based on an assertion of 11th Amendment sovereign immunity.  This decision …

Where is the Federal Circuit on Aqua Products?

More than six months have passed since the en banc rehearing in Aqua Products without a decision from the Federal Circuit. It could be an indication that …

IPR Settlements: A pyrrhic victory for patent practitioners, a loss for patent owners

Howard further explained, however, that it is a mistake to think that characterizing IPR settlements as a "win" is the only way to look at it... In …
By Gene Quinn & Steve Brachmann
10 days ago 9

Federal Circuit Affirms CBM Unpatentability Holding; Finding Estoppel Did Not Apply

In Credit Acceptance Corp. v. Westlake Servs. the Federal Circuit affirmed a decision of the Patent Trial and Appeal Board (“Board”) in a Covered Business Method (“CBM”) …

Capitulation Settlements in IPR are No Win for Patent Owners

Unified Patents challenges patents by filing inter partes review proceedings. They tout on their website that they are "the only entity that challenges bad patents and never …
By Gene Quinn
12 days ago 40

Are more than 90 percent of patents challenged at the PTAB defective?

At least 84 percent of patents reaching a final written decision in a PTAB validity challenge are adjudicated to have at least one invalid claim (usually many more …

On the Next USPTO Director, Patents as a Private Property Right

Above all, LES recommends appointing a Director dedicated to protecting intellectual property, generally, and patents in particular, as the private property right our nation’s founders envisioned. …
By Brian O’Shaughnessy
14 days ago 5

Industry Reaction to SCOTUS Granting Cert. in Oil States

Russ: Slifer: ''Clearly the Supreme Court is not done with its intellectual property obsession. By granting certiorari in Oil States vs. Greene’s Energy Group, et al. …
By Gene Quinn
15 days ago 45

Supreme Court to decide if Inter Partes Review is Unconstitutional

The Supreme Court granted certiorari only on the first question, whether inter partes review violates the U.S. Constitution by extinguishing private property rights through a non-Article …
By Gene Quinn
15 days ago 54

Lefstin, Mossoff critique SCOTUS’ sense of history and negative impacts on today’s patent system

“The Supreme Court has told us, and told itself, a particular story -- a story based in history to justify its current regime,” Lefstin said near the …
By Steve Brachmann
17 days ago 8

Smartflash v. Apple: A poster child of the current ills wrecking the U.S. patent system

despite the media widely lambasting Smartflash as a patent troll, inventor Patrick Racz actually created a company called Internet plc “to develop, manufacture, and commercialize the invention”; …
By Steve Brachmann
20 days ago 12