Posts Tagged: IPR


Six Predictions for the 2018 Patent Environment

For patent practitioners, this year packed in a lot of activity: Fractured Federal Circuit en banc decisions resolving who bears the burden of proof on motions to …

En Banc Federal Circuit Reverses Achates, Time-Bar Determination is Appealable

Inter Partes Review proceedings (IPRs) are subject to statutory timing provisions. The Court, sitting en banc, reviewed whether PTAB decisions determining whether an IPR was timely filed …

Federal Circuit Remands PTAB Decision to Uphold Patent Claims Challenged By Nintendo

While the recent decision did uphold the PTAB’s finding of validity of some claims, the Federal Circuit reversed and remanded part of the decision in a …
By Steve Brachmann
1 month ago 0

St. Regis Tribe requests oral hearing, seeks discovery on political pressure at PTAB

The St. Regis tribe is seeking discovery on due process concerns posed by the potential of political or third-party pressure asserted to “reach an outcome inconsistent with …

58 Patents Upheld in District Court Invalidated by PTAB on Same Grounds

When going through the list of patents that have been deemed valid in district court and then invalidated through PTAB proceedings, there are 58 cases where the patent …

Petitioner Must Prove Unpatentability of Patentee’s Substitute Claims in an IPR

Due to the recent decision in Aqua Products v. Matal, 872 F.3d 1290 (Fed. Cir. 2017), the Court disagreed with the Board’s decision to deny Bosch’s motion …

Industry Insiders Make Patent Wishes for 2018

For my wishes, I’ll make four. First, as I did last year, I again continue to wish for patent eligibility reform in Congress that would overrule …
By Gene Quinn
2 months ago 5

The Top Trends in Patent Law for 2017

As we mark the close of yet another year, we’re provided with a perfect opportunity to look back on the previous twelve months and see what …
By Steve Brachmann
2 months ago 1

CAFC Says No Need for PTAB to Explicitly Construe Claim Terms

In HTC Corp. v. Cellular Communs. Equip., Appellants HTC Corporation and ZTE (USA) Inc. (“HTC”) appeal a final written decision by the Patent Trial and Appeal Board (“…

PTAB: State Waives Eleventh Amendment Immunity by Filing Patent Infringement Lawsuit

An expanded panel of the PTAB, in a majority opinion authored by Chief Judge David Ruschke, agreed with the University of Minnesota that an IPR proceeding is …
By Gene Quinn
2 months ago 32

Federal Circuits invalidates patent covering starting a session on one communication-enabled device and transferring it to another

The Federal Circuit decision in the case of CRFD Research v. Matal resolves three appeals involving a single patent: CRFD’s ‘233 patent describing methods and systems that …

Patent Owners Faring Better in PTAB Proceedings

A new study of proceedings before the Patent Trial and Appeal Board (PTAB) shows that, despite the initial reputation of Inter Partes Review (IPR) proceedings being that …
By Gene Quinn
2 months ago 7

The PTAB lacks authority to decide the applicability of tribal sovereign immunity

Native American tribes possess and exercise inherent sovereign immunity. It is also undisputable that such power may be abrogated, limited or qualified only by the express and …
By Terry Fokas
2 months ago 32

Misrepresentations in Service to Efficient Infringer Lobby

The world of intellectual property law has been abuzz in recent months leading up to oral arguments in front of the U.S. Supreme Court in Oil …
By Steve Brachmann
2 months ago 7

Laurence Tribe, Erwin Chemerinsky say PTAB should recognize Tribal Sovereign Immunity

Tribal sovereignty is not a “sham” or a “contrivance,” even when it produces results Petitioners do not like. There is no dispute that the St. Regis Mohawk …
By Derek Gilliland
2 months ago 24