Posts Tagged: post grant procedures


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 …
By Gene Quinn
3 months ago 59

Supreme Court Issues Much Anticipated Oil States and SAS Decisions

Earlier today, the US Supreme Court issued it's highly anticipated 7 to 2 decision in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC which upheld the …

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
3 months ago 27

Doubling Down on Double Adjudication – the MerchSource post-issuance review model

Imagine this: you become aware of a patent that might cover your products, so you reach out to the patentee to secure a license agreement. After negotiating …
By Melissa Brand & Hans Sauer
4 months ago 6

Conclusory approach to obviousness by PTAB in IPR insufficient to render claims invalid

The Federal Circuit found that the Board failed to provide sufficient explanation for its obviousness finding, instead using a conclusory approach that asked whether the missing limitation …

Mohawk Tribe wins stay from Federal Circuit in sovereign immunity fight

The Federal Circuit issued an Order staying further proceedings at the PTAB relating to the RESTASIS patents now owned by the Saint Regis Mohawk Tribe. The stay …
By Gene Quinn
4 months ago 4

PTAB Phantom Expanded Panels Erode Public Confidence and Essential Fairness

If this practice of phantom expanded panels, with APJs not identified on the record or to the parties, is legal then IPR panel assignments are nothing more …
By Gene Quinn
4 months ago 41

Controversy Over Restasis Patents is Misplaced

Competitors like Mylan and Teva, rather than inventing better treatments or cures for dry eyes chose the shortcut. They attacked Allergan’s patent in the PTAB. Allergan …
By Josh Malone
4 months ago 6

PTAB Chief Judge defends APJs as having extensive legal experience

The USPTO has provided us with a comment from Chief Judge David Ruschke, who defends APJs of the PTAB as having extensive legal and technical experience. The …
By Gene Quinn
4 months ago 93

Debunking the IPR Myth of Nominal Impact to Overall Costs

When a court stays a litigation and an IPR results in a settlement, adverse judgement invalidating all claims, or a final decision invalidating all claims, then the …
By Gau Bodepudi
4 months ago 2

A Google Opponent Actually Wins an IPR Battle with the Tech Giant

On February 22, 2018, the U.S. Court of Appeals for the Federal Circuit issued a non-precedential decision in Google, LLC v. At Home Bondholders’ Liquidating Trust (2016-2727, 2016-2729). …
By John M. Rogitz
4 months ago 0

Do Recent Decisions Signal a Change in Patent Owner’s Rights to Defend and Amend Claims in Post-Grant Proceedings?

Ever since the introduction of AIA post-grant proceedings, many have questioned whether the procedural deck is stacked against patent owners.  Limits on making claim amendments, having to …
By David Thibodeau
5 months ago 7

Disclaimer Before Institution of IPR Results In Adverse Judgment And Estoppel

A disclaimer of challenged patent claims before an IPR is instituted may result in a final adverse judgment against the patent owner, triggering estoppel provisions that preclude …

Federal Circuit Reverses and Remands Board Decision Upholding Patentability

In an appeal from an IPR in which the Board upheld the patentability of several patent claims, the Federal Circuit vacated the decision and remanded to the …

Google Suffers IPR Defeat on Patent Asserted Against YouTube by Network-1

On Tuesday, January 23rd, the Court of Appeals for the Federal Circuit issued a ruling in Google LLC v. Network-1 Technologies, Inc. which affirmed a finding by …
By Steve Brachmann
6 months ago 0

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