Posts in Patent Trial and Appeal Board


McCormick and the Separation of Powers Constraints of Patent Invalidation

The argument that patents are private rights is supported by over two centuries of jurisprudence. Patent rights derive from Article I, section 8, clause 8 of the U.S. …
By Neal Solomon
20 hours ago 4

St. Regis Mohawks, BIO send letters to Senate Judiciary slamming the unfair playing field of IPRs at PTAB

On Thursday, October 12th, a pair of letters addressed to the bipartisan leadership of the Senate Judiciary Committee were delivered in an attempt to inform Senators on …
By Steve Brachmann
3 days ago 17

Efficient infringer lobby achieves bipartisan effort to abrogate Native American tribal sovereignty

The patent deal with the St. Regis tribe doesn’t shield the patents from validity challenges coming from a Hatch-Waxman trial recently concluded in Texas federal court. “…
By Steve Brachmann
5 days ago 15

Burden of Persuasion for Patentability of Amended Claims in IPR Stays with Petitioner

After a panel of the Federal Circuit affirmed the Board’s decision, in Aqua Products v. Matal, Aqua requested an en banc rehearing. The USPTO Director Joseph …

Eli Lilly patent covering Alimta lung cancer treatment upheld in final written decision from PTAB

On Thursday, October 5th, a final written decision issued by the Patent Trial and Appeal Board (PTAB) upheld a series of 22 claims from a patent owned by …
By Steve Brachmann
8 days ago 0

PTAB due process violations raised in brief to Federal Circuit

On September 22nd, a reply brief for appellant Cascades Projection LLC was filed to the U.S. Court of Appeals for the Federal Circuit in a case …
By Steve Brachmann
10 days ago 2

Saint Regis Mohawk Tribe Outraged at Senator McCaskill over Sovereign Immunity Bill

McCaskill's seemingly calculated ploy to get out in front of other Senators, all alone in her demand for a legislative solution that strips Native American Indian Tribes …
By Gene Quinn
12 days ago 13

Senator McCaskill introduces bill to abrogate Native American Sovereign Immunity

Senator McCaskill (D-MO) has introduced a bill to abrogate the sovereign immunity of Indian tribes as a defense in inter partes review (IPR) proceedings at the United …
By Gene Quinn
13 days ago 34

Industry Reaction to the Federal Circuit’s Decision in Aqua Products v. Matal

First-take reaction to Aqua Products v. Matal from a distinguished panel of experts. Todd Dickinson: "I don’t think that I’ve ever seen such a collection …
By Gene Quinn
13 days ago 21

Federal Circuit decides Aqua Products, says patentability burden of amended claims on Petitioner

Sitting en banc the Federal Circuit issued a narrow ruling saying that the burden of persuasion must remain at all times on the petitioner, including with respect …
By Gene Quinn
14 days ago 9

Patent Review in an Article I Tribunal is Unconstitutional Under the Public Rights Doctrine

This experiment in patent validity review an executive agency by the Patent Trial and Appeal Board, an Article I tribunal in the PTO, has been unsuccessful...The …
By Neal Solomon
15 days ago 11

Federal Circuit applies ‘rule of reason’ to find inventor testimony credible in IPR

The Court found the Board’s reliance on Woodland Trust to be "misplaced" because in that case there had been continued public use for a period of …

It’s Time to Stop PTAB Gamesmanship

The next several weeks will see much wringing of hands and gnashing of teeth about Allergan’s transaction with the Saint Regis Mohawk Tribe. Our point is …

Oil States: Examining Scenarios, Outline Effects on Portfolio Management Strategy

The Supreme Court has agreed to hear a petition for Certiorari in Oil States Energy Services v. Greene’s Energy Group, which will result in the Court …
By Art Monk
20 days ago 15

A Summary of the Constitutional Issues Raised by the Respondent in Oil States

The respondent immediately takes issue with the argument that patents are not public rights, summarily citing MCM Portfolio LLC v. Hewlett-Packard Co., 812 F.3d 1284 (Fed. Cir. 2015), cert. …
By John M. Rogitz
23 days ago 4