Posts Tagged: post grant proceedings


The Top 3 Reasons the U.S. Patent System in Decline

Concerns over software and biotechnological innovations being patent eligible, the omnipresent threat of patent reform that could make it even more difficult to enforce the patent property …
By Gene Quinn
3 days ago 16

Studying IPRs Not Enough, PTAB must be Repaired, Replaced or Repealed by Congress

Inter Partes Review (IPR) is viewed by many as late-stage destruction of fully developed early-stage investor ROI in patented property. The Lee study will presumably weigh the …
By Chris Gallagher
10 days ago 23

How to improve IPRs without tossing the baby out with the bath water

It is clear that the current regulations are almost exclusively focused § 316(b)’s “the ability of the Office to timely complete proceedings” and not the other language …
By Russell Slifer
18 days ago 61

Michelle Lee launches PTAB initiative to ‘shape and improve’ IPR proceedings

The timing of the announcement is curious given that Michelle Lee’s days seem numbered as Director of the Office. As first reported on IPWatchdog.com, Commerce …
By Gene Quinn
19 days ago 13

Addressing potential IPR abuses and hardships on the patent owner

Russ Slifer: "And as you know by statute the Director is tasked with making the institution decision on an IPR but that’s been delegated to the …
By Gene Quinn
24 days ago 1

Federal Circuit OKs PTAB invalidating patent claims prior litigation confirmed as valid

Patent claims being adjudicated valid in federal district court and then being killed in an administrative proceeding at the PTAB is exactly the problem so many of …
By Gene Quinn
25 days ago 23

PTAB denied institution of CBM against automotive feature consolidation patent under Unwired Planet standard

In a surprisingly restrained decision, the Patent Trial and Appeal Board (PTAB) released a decision denying institution of a covered business method (CBM) review proceeding on a …
By Steve Brachmann
1 month ago 0

Federal Circuit reverses PTAB anticipation holding because not every element present in prior art

The PTAB held that anticipation can be found even when a prior art reference does not disclose each and every claim element as long as one of …
By Gene Quinn
1 month ago 8

Time to Quiet Title for Patents: Fixing the PTAB by Recognizing Patents are Property

While there are many fixes that need to happen to bring about even a modicum of fairness and justice to the PTAB processes, the most important fix …
By Gene Quinn
1 month ago 40

UFRF’s win on Eleventh Amendment at PTAB creates IPR immunity for public universities

Each of the Covidien IPRs challenged the validity of a single patent owned by the University of Florida Research Foundation (UFRF) which the university had previously asserted …
By Steve Brachmann
1 month ago 6

CAFC sides with L.A. Biomedical Research over Eli Lilly in two IPRs challenging penile fibrosis patent

LAB sued Eli Lilly & Company, alleging marketing of the drug Cialis induced infringement of LAB’s patent. Eli Lilly subsequently requested that the Board conduct inter partes …

What Petitioners and Patent Owners Need to Know About the Scope of IPR Estoppel

In the recent case of Intellectual Ventures v. Toshiba, Judge Robinson noted that “the Federal Circuit has construed the language quite literally” in the use of the …
By Jennifer Bush
2 months ago 1

SCOTUS invites Michelle Lee to Respond to Oil States IPR related petition for certiorari

The first and perhaps most obvious news story here relates to the fact that the United States Supreme Court believes that Michelle Lee remains Director of the …
By Gene Quinn
2 months ago 15

Can Congress Bar Review of PTAB Decisions to Institute Inter Partes Review?

Wi-Fi One stands among the latest—and potentially the most important—in a series of cases that have called into question both the degree to which Congress …

Google, HTC, ZTE, Huawei gang up on small navigation software developer with IPR filing

Patent system savvy corporations are ganging up on a smaller developer within the nascent automotive software industry who had the temerity to assert a patent covering a …
By Steve Brachmann
2 months ago 22