Posts Tagged: IPR institution decisions


Federal Circuit Vacates PTAB Decision for Failure to Consider Ericsson Reply Brief

In its decision, the Federal Circuit noted that the PTAB is entitled to strike arguments improperly raised in a reply brief under 37 CFR § 42.23(b). However, the appellate …
By Steve Brachmann
2 months ago 0

Parlor Tricks and Shell Games: How the Invisible Hand of the PTAB Supports Challengers

After dissenting APJ James Arpin was mysteriously and without explanation removed from the case, replaced by APJ Thomas Giannetti. Perhaps there is an innocent explanation for what …
By Gene Quinn
2 months ago 79

Federal Circuit Hears Oral Arguments on St. Regis Appeal of Tribal Sovereign Immunity

On Monday, June 4th, the Court of Appeals for the Federal Circuit heard oral arguments in St. Regis Mohawk Tribe v. Mylan Pharmaceuticals, a case appealed from …
By Steve Brachmann
4 months ago 3

Federal Circuit says IPR time-bar determinations under § 315(b) are appealable

Today, the Federal Circuit reversed Achates, and ruled that time-bar determinations under § 315(b) are appealable. "We find no clear and convincing indication in the specific statutory language …
By Gene Quinn
9 months ago 7

USPTO Director Nominee Andrei Iancu has Confirmation Hearing Before the Senate Judiciary Committee

On the afternoon of Wednesday, November 29th, the U.S. Senate Committee on the Judiciary held a hearing to consider the nomination of four political appointees from …
By Steve Brachmann
11 months ago 10

Predicting SAS Institute v. Matal after SCOTUS Oral Arguments

My thoughts continue to be that the statute is very simple and mandates the PTAB to issue a final written decision on all claims challenged. This seemed …
By Gene Quinn
11 months ago 0

Three rounds of IPR petitions invalidates VirnetX patent after Apple gets around statute of limitations

Luckily for Apple and Microsoft, however, VirnetX did not assert the ‘135 patent against Mangrove Partners, a hedge fund, which filed a petition for IPR against the ‘135 patent …
By Steve Brachmann
11 months ago 3

Prepare for More Estoppel if the Supreme Court Reverses Federal Circuit on Partial IPR Institutions

Partial institutions lessen the value of estoppel because the petitioner avoids estoppel on claims that were challenged but not instituted. The PTAB never issues a final written …
By Jason German & Wayne Stacy
1 year ago 1

PTAB refuses to institute harassing IPR challenges against Finjan

Recently the Patent Trial and Appeal Board (Board) at the United States Patent and Trademark Office (USPTO) denied institution in two separate inter partes review (IPR) challenges. …
By Gene Quinn
2 years ago 11

Federal Circuit denies en banc rehearing, IPR proceedings can be instituted for less than all of the challenged claims

The Federal Circuit denied appellant SAS’s petition for rehearing en banc from a decision by the Patent Trial and Appeal Board, without an explanatory opinion. Judge …

Court Lacks Jurisdiction to Review if Assignor Estoppel Precludes PTAB from Instituting IPR

The Federal Circuit dismissed Husky’s appeal, finding that it lacked jurisdiction to review the Board’s determination of whether assignor estoppel barred institution of an inter …

PTAB Administrative Trials: Where Are We Now?

While the PTAB statistics demonstrate the profound effect that the AIA trials have had on issued patents, it seems to have the greatest impact on non-manufacturing patent …

Misleading PTO statistics hide a hopelessly broken PTAB

While the Patent Office likes to tout statistics that assert most patent claims challenged in IPR are not invalidated, those statistics are simply not credible. When reporting …
By Gene Quinn
2 years ago 16

New PTAB Rules Level the Playing Field for Patent Owners in IPR

After much public comment and debate, new changes to rules for post-grant administrative trials before the Patent Trial and Appeal Board (PTAB) go into effect on May 2, 2016. …
By Ben Pleune & Pamela Councill
2 years ago 8

Finjan patent lawsuit against Symantec back on track after patents escape IPR

Finjan Holdings, Inc. (NASDAQ: FNJN), the parent of wholly-owned subsidiary Finjan, Inc., announced several weeks ago that the Patent Trial and Appeal Board (PTAB) of the United …
By Gene Quinn
3 years ago 6

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