Posts Tagged: inter partes
Why should we encourage generics to challenge pharma patents?
What was the federal government thinking when Hatch-Waxman originally passed. Why would Congress incentivize generic manufacturers to challenge the patents of pharmaceutical companies? It is the same …
Senator Hatch files Amendment to Fix IPRs for Pharma, Save Hatch-Waxman
Late yesterday, Senator Orrin Hatch (R-UT), co-author of the Hatch-Waxman Act, filed an amendment in the Senate Judiciary Committee to address what many characterize as abusive inter …
No blanket prohibition against the introduction of new evidence during an inter partes review
There is no blanket prohibition against the introduction of new evidence during an inter partes review proceeding, indeed new evidence should be expected. A petitioner can introduce …
The PTAB Continues to Break Patent Promises to the Detriment of Inventors
Surviving inventors are incredibly rare. I have met dozens of inventors with incredible discoveries whose naïve belief in the patent system have cost them way more …
An Exclusive Interview with USPTO Director Andrei Iancu
Director Iancu is knowingly and intentionally seeking to provide hope in the words he speaks because he believes a strong patent system is necessary for the U.…
PTO Proposes Rulemaking to Implement Phillips Claim Construction at PTAB
Earlier today the USPTO announced proposed rulemaking that would change the prior policy of using the Broadest Reasonable Interpretation (BRI) standard for construing unexpired and proposed amended …
PTAB Reform: An Urgent Request on Behalf of Independent Inventors
What follows is a letter on the topic of PTAB reform that will be sent to USPTO Director Andrei Iancu on Monday, May 14, 2018. The letter seeks urgent …
The State of the U.S. Patent System: From Oil States to Patent Eligibility
One week ago, the United States Supreme Court issued two decisions pertaining to inter partes review (IPR) challenges at the Patent Trial and Appeal Board (PTAB). Meanwhile, …
The Supreme Court is wrong, a patent is not a franchise
The word franchise is defined as an authorization granted by a government or company to an individual or group enabling them to carry out specified commercial activities... …
Control Over District Court Litigation is Required for Time Bar Under 35 U.S.C. § 315(b)
An IPR petition is not time-barred for reasons of privity with a district court defendant in a prior litigation when no evidence shows that the petitioner controlled …
Reflections on Oil States: Are There Silver Linings Amidst the Doom and Gloom?
That being said, and following up on the feeling of “doom and gloom” many of us had upon initial issuance of the Oil States decision, there is …
Supreme Court Holds PTAB Must Decide Validity of All Challenged Claims in IPRs
As in civil litigation, the petitioner in an inter partes review is master of its complaint and is “normally entitled to judgment on all of the claims …
Despite Oil States, Inter Partes Review May Still Be Held Unconstitutional
Oil States v Greene’s Energy, 584 U.S. ___ (2018), just decided that patents are a public right, a franchise right, akin to a right to erect a toll …
SAS: When the Patent Office institutes IPR it must decide patentability of all challenged claims
In SAS Institute, a 5-4 majority ruled that there is no authorization in the statute for the Patent Trial and Appeal Board (PTAB) to partially institute a …
SCOTUS says Patents are a Government Franchise, Not a Vested Property Right
While there has been much optimism due to the arrival of USPTO Director Andrei Iancu and his recent speeches signaling he understands the U.S. patent system …
