Posts Tagged: invalidity


Which Invalidity Avenue to Take: Inter Partes Review Verses Post-Grant Review

The United States Patent and Trademark Office (USPTO) provides invalidity tools via inter partes review (IPR) and post-grant review (PGR), but which route is better? ...  PGRs are …
By Ryan Kenny
14 days ago 5

Federal Circuit Affirms District Court’s Finding of Validity of Claims Directed to Aveed®

When relying on scientific guidelines to support an obviousness rationale, practitioners should offer evidence for why contradictory guidelines should be discounted. A claimed constituent is not “necessarily …

Apple and Samsung Settle Patent Dispute Proving Patent Litigation Doesn’t Hinder Consumer Access

On Wednesday, June 27th, a pair of orders of dismissal, one entered in the District of Delaware and the other entered in the Northern District of California, …

WesternGeco’s Time-Bar Argument Fails to Save its Invalidated Patents

On appeal, WesternGeco argued 1) the Board erred as to its unpatentability determinations; and 2) the IPR proceedings were time-barred under 35 U.S.C. § 315(b) because ION acted in …

Merck Hepatitis C Virus Treatment Patents Unenforceable due to Unclean Hands

On Wednesday, April 25th, the Court of Appeals for the Federal Circuit issued a precedential decision in Gilead Sciences v. Merck & Co. et. al., which affirmed a …
By Steve Brachmann
3 months ago 0

Idenix Loses Patent on HCV Treatment that Supported $2.54 Billion Infringement Verdict

In invalidating the Idenix patent, the Delaware district court effectively overturns what had been the largest award for royalty damages in a U.S. patent infringement case …
By Steve Brachmann
6 months ago 4

SSH Communications Enters Cross-License Agreement with Sony After Losing Patents at PTAB

On Monday, February 5th, Finnish enterprise cybersecurity solutions firm SSH Communications Security announced that it had entered into a patent cross-license and settlement agreement with Japanese electronics …
By Steve Brachmann
6 months ago 4

Patent Killing Fields of the PTAB: Erasing Federal District Court Verdicts on Patent Validity

Supporters of the Patent Trial and Appeal Board (PTAB) continue to claim that the facts and figures showing the PTAB is overruling Article III federal district court …
By Gene Quinn & Steve Brachmann
7 months ago 13

PTAB Facts: An ugly picture of a tribunal run amok

69% of cases reaching a final decision by the PTAB have all claims invalidated. 82.5% of patents reviewed by PTAB in a final decision are found defective... As the …

PTAB Errors Fatal to Hundreds of Legitimate Patents

There have been 220 patents upheld as valid in real courts and also subject to a final written decision in the PTAB. The PTAB only agreed with the …
By Josh Malone & Steve Brachmann
7 months ago 40

Patent-Ineligibility of Medical Diagnostics, Life Sciences Discoveries Arrests U.S. Progress

In a research project funded by the Austrian Science Fund (FWF), evidence emerged that a higher expression of the GIRK1 protein in malignant tissue samples was linked …
By Steve Brachmann
7 months ago 3

Manufacturing Firms and Organizations File Briefs in Oil States

Doubtless there are some manufacturing firms, such as Telebrands, who are great endorsers of inter partes review (IPR) proceedings at the Patent Trial and Appeal Board (PTAB) …
By Steve Brachmann
8 months ago 10

Packet Intelligence patents see different infringement outcomes in separate Eastern Texas cases

A jury verdict recently entered in a patent infringement case in the Eastern District of Texas held that plaintiff Packet Intelligence, a patent owning entity headquartered in …
By Steve Brachmann
8 months ago 0

Solicitor General Tells SCOTUS that Patents are Public Rights in Oil States Brief

The government’s brief argues that IPR proceedings at the PTAB are consistent with Article III because, in its view, patents are public rights and not private …
By Steve Brachmann
9 months ago 0

CAFC’s finding of patent invalidity in Prism case against T-Mobile undoes $30M damages award in separate action against Sprint

On August 8th, a memorandum opinion entered in the District of Nebraska overturned a jury verdict award of more than $30 million handed to Omaha, NE-based intellectual property …
By Steve Brachmann
12 months ago 11

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