Posts Tagged: inter partes
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 …
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 …
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 (…
Federal Circuit demonstrates that even when you win at IPR you can still lose
In a rare IPR affirming patentability, the Patent Trial and Appeal Board (the “Board”) found claims of US Patent No. 6,945,013 to be patentable that were directed to …
America’s Patent System: Mediocre and stabilized in a terrible space
“The results from the Patent Trial and Appeal Board reflect the procedures it applies, and in my judgment the procedures are wildly off base,” Judge Michel explained... “…
Is the ethical bar for practitioners higher than it is for PTAB judges?
Had APJ Clements not been a member of the PTAB and one of the patent owners – let’s say Smartflash for example – had come to him and …
If PTAB judges can decide cases involving former defense clients USPTO conflict rules must change
If an APJ making decisions in a case within 18 months of having represented a former client complies with whatever USPTO conflict rules or guidelines apply to PTAB …
Fundamental incongruities of PTAB operations affect the integrity of the patent system
For more than two centuries, the U.S. Constitution, black letter law and precedent construed a patent as a property right. This is important because it is …
The Top 3 Reasons the U.S. Patent System in Decline
Concerns over software and biotechnological innovations being patent eligible, the omnipresent threat of patent reform that could make it even more difficult to enforce the patent property …
Why the Unified Patents Model Would Not Work in China
Unified Patents is a relatively new form of patent troll that works as a “Troll of Trolls” or “ToT.” They file IPRs (inter-partes reexamination requests) to kill …
Refusal to institute IPR based on reference does not preclude use of reference for motivation to combine
The Federal Circuit affirmed a Patent Trial and Appeal Board (“Board”) decision finding a patent owned by Novartis AG and Mitsubishi Tanabe Pharma Corp. (collectively “Novartis”) to …
Studying IPRs Not Enough, PTAB must be Repaired, Replaced or Repealed by Congress
Inter Partes Review (IPR) is viewed by many as late-stage destruction of fully developed early-stage investor ROI in patented property. The Lee study will presumably weigh the …
Other Barks for Wednesday, April 12th, 2017
Uber is initiating a patent purchase program and is accepting submissions through May 23, 2017. British musician Ed Sheeran settles a copyright infringement suit that alleged "Photograph" was infringing. …
How to improve IPRs without tossing the baby out with the bath water
It is clear that the current regulations are almost exclusively focused § 316(b)’s “the ability of the Office to timely complete proceedings” and not the other language …
Michelle Lee launches PTAB initiative to ‘shape and improve’ IPR proceedings
The timing of the announcement is curious given that Michelle Lee’s days seem numbered as Director of the Office. As first reported on IPWatchdog.com, Commerce …
