Posts Tagged: inter partes
Federal Circuit upholds PTAB invalidation of podcasting patent despite district court infringement finding
On Monday, August 7th, a judicial panel of the U.S. Court of Appeals for the Federal Circuit entered a decision in Personal Audio, LLC v. Electronic …
Federal Circuit says non-profit EFF has standing in IPR appeal
In an IPR brought by Electronic Frontier Foundation (EFF), Personal Audio appealed a Board determination that invalidated its patent for storing and distributing episodic media files. Personal …
Where parties dispute proper scope of claims, Board must provide an explicit claim construction
The Board declined to provide a construction of “settling speed” and determined that the claims were not invalid as anticipated. Homeland appealed... When parties dispute the proper …
Solutions for Inter Partes Review: Restoring patent rights and respect for the presumption of validity
In order to begin restoring patent rights and respect for the presumption of validity changes must be made to constrain the PTO post grant procedures... Patent holders …
The Problem of Inter-Partes Review (IPR)
IPRs introduced an asymmetric component which particularly burdens the patent holder by requiring a very expensive ten-fold higher cost to defend the patent in the PTAB relative …
Vestas says it will challenge GE’s claims in lawsuit filed over wind turbine patent
Boston, MA-based global digital industrial firm General Electric filed a complaint for patent infringement against Dutch wind turbine company Vestas Wind Systems A/S. GE filed the …
Report shows drug patents fare better in IPR proceedings at PTAB
While the Patent Trial and Appeal Board (PTAB) has not been friendly to patent owners, to put it mildly, the PTAB has not been inhospitable to pharma …
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 …
