Posts in Post Grant Procedures


Issa seems to believe patents are an entitlement, not a property right

For the first 220 years of United States black letter law and precedent based directly on the U.S. Constitution, patents are property rights. Even the Republican Party …
By Paul Morinville
16 hours ago 15

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
6 days ago 0

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
11 days ago 9

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
13 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 …

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
16 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
17 days ago 54

PTAB overturns two Cisco patents, clearing way for Arista to overturn ITC exclusion order

Arista Networks (NYSE:ANET) was recently successful in its attempts to overturn the validity of a patent held by San Jose, CA-based tech multinational Cisco Systems (NASDAQ:…
By Steve Brachmann
24 days ago 3

How patent troll rhetoric has wrecked the U.S. patent system

The pressure to adhere to the patent troll rhetoric was difficult for people to grasp if they don’t live within Silicon Valley, Causevic noted. He noted …
By Steve Brachmann
25 days ago 24

PTAB Procedural Reforms are Necessary to Restore Balance and Due Process

Under the current PTAB system, irreparable harm is occurring to patent holders. Conversely, virtually no harm will be done to petitioners by putting on the brakes. Charging …

SCOTUS to hear SAS Institute v. Lee, could impact estoppel effect of IPR proceedings

The nation’s highest court will once again address issues surrounding the controversial Patent Trial and Appeal Board (PTAB) of the United States Patent and Trademark Office (…

Statements Made by Patent Owner During IPR Can Support Finding of Prosecution Disclaimer

In the case of Aylus Networks, Inc. v. Apple Inc., the Federal Circuit affirmed the district court’s finding of summary judgment for Apple Inc. (“Apple”). The …