Posts Tagged: post grant proceedings


McCormick and the Separation of Powers Constraints of Patent Invalidation

The argument that patents are private rights is supported by over two centuries of jurisprudence. Patent rights derive from Article I, section 8, clause 8 of the U.S. …
By Neal Solomon
20 hours ago 4

Native Americans Set to Save the Patent System

Native American tribal sovereign immunity thwarts both of these dilatory infringer tactics and repositions the negotiation to where it needs to be – outside of the courthouse. The …
By Paul Morinville
9 days ago 70

FREE Webinar: Hot Topics in Patent Litigation

A multitude of changes to patent law and practice have altered the face of patent litigation in America. From patent venue decisions in district courts that seem …
By Gene Quinn
9 days ago 0

PTAB due process violations raised in brief to Federal Circuit

On September 22nd, a reply brief for appellant Cascades Projection LLC was filed to the U.S. Court of Appeals for the Federal Circuit in a case …
By Steve Brachmann
10 days ago 2

Saint Regis Mohawk Tribe Outraged at Senator McCaskill over Sovereign Immunity Bill

McCaskill's seemingly calculated ploy to get out in front of other Senators, all alone in her demand for a legislative solution that strips Native American Indian Tribes …
By Gene Quinn
12 days ago 13

Senator McCaskill introduces bill to abrogate Native American Sovereign Immunity

Senator McCaskill (D-MO) has introduced a bill to abrogate the sovereign immunity of Indian tribes as a defense in inter partes review (IPR) proceedings at the United …
By Gene Quinn
13 days ago 34

Industry Reaction to the Federal Circuit’s Decision in Aqua Products v. Matal

First-take reaction to Aqua Products v. Matal from a distinguished panel of experts. Todd Dickinson: "I don’t think that I’ve ever seen such a collection …
By Gene Quinn
13 days ago 21

Federal Circuit decides Aqua Products, says patentability burden of amended claims on Petitioner

Sitting en banc the Federal Circuit issued a narrow ruling saying that the burden of persuasion must remain at all times on the petitioner, including with respect …
By Gene Quinn
14 days ago 9

Patent Review in an Article I Tribunal is Unconstitutional Under the Public Rights Doctrine

This experiment in patent validity review an executive agency by the Patent Trial and Appeal Board, an Article I tribunal in the PTO, has been unsuccessful...The …
By Neal Solomon
15 days ago 11

It’s Time to Stop PTAB Gamesmanship

The next several weeks will see much wringing of hands and gnashing of teeth about Allergan’s transaction with the Saint Regis Mohawk Tribe. Our point is …

A Summary of the Constitutional Issues Raised by the Respondent in Oil States

The respondent immediately takes issue with the argument that patents are not public rights, summarily citing MCM Portfolio LLC v. Hewlett-Packard Co., 812 F.3d 1284 (Fed. Cir. 2015), cert. …
By John M. Rogitz
23 days ago 4

Indian Tribe files Motion to Dismiss RESTASIS Patent Challenge based on Sovereign Immunity

Earlier today the Saint Regis Mohawk Tribe filed a Motion to Dismiss in six separate inter partes review (IPR) proceedings relating to the Allergan drug RESTASIS®. The …
By Gene Quinn
25 days ago 23

A Look Back at the Legislative Origin of IPRs

Those now familiar with IPR proceedings will already have recognized how little resemblance current IPR proceedings have to what most supporters of the AIA envisioned upon its …
By Phil Johnson
28 days ago 30

Allergan’s patent transaction with St. Regis Mohawks could presage more arbitrage patent transactions

News of the St. Regis patent transaction has sparked interest in others pursuing similar arbitrage arrangements that provide revenue streams to Native American tribes outside of gambling …
By Steve Brachmann
30 days ago 1

Five Years after the AIA Created the PTAB

I want to believe Congress ultimately sought to strengthen the U.S. patent system with the AIA by providing a mechanism to more easily remove a small …
By Russell Slifer
1 month ago 14