Posts Tagged: IPR


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 …
By Gene Quinn
2 months ago 21

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 …
By Josh Malone & Steve Brachmann
3 months ago 54

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.…
By Gene Quinn
3 months ago 14

Federal Circuit Asked to Reconsider IPR Ruling in Context of Database Search Algorithms

On May 9, 2018, Network-1 Technologies, Inc. filed a combined petition for panel rehearing or rehearing en banc with the United States Court of Appeals for the Federal Circuit, …
By Charles R. Macedo & Jung Hahm
3 months ago 2

Mohawks appeal PTAB denial of Sovereign Immunity defense

The appellants are appealing from a series of inter partes review (IPR) proceedings at the Patent Trial and Appeal Board (PTAB) where the Board made the controversial …
By Steve Brachmann
3 months ago 3

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 …
By Gene Quinn
3 months ago 18

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 …
By Josh Malone
3 months ago 26

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, …
By Gene Quinn
3 months ago 0

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... …
By Gene Quinn
4 months ago 73

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 …
By Eric Guttag
4 months ago 22

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 …
By James Carmichael & Brad Close
4 months ago 34

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 …
By Gene Quinn & Renee C. Quinn
4 months ago 12

PTAB challenges are a costly, uphill battle for patent owners

Often, a PTAB proceeding is threatened by an accused infringer to successfully settle the dispute with the patent owner. Often, no PTAB petition is ever filed. When …
By Rob Sterne
4 months ago 27

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