Posts Tagged: post grant review


Overview of USPTO proposed rule changes to practice before the Patent Trial and Appeal Board

USPTO proposed rule changes would amend the existing rules relating to trial practice for inter partes review (IPR), post-grant review (PGR), the transitional program for covered business …
9 days ago 6

Study of the Post Grant Procedures Is Needed Now

Very few thought that the IPR procedure would be used by creative hedge fund managers to reap benefits for the price drop of pharmaceutical companies’ stock that …
1 month ago 24

Patent Abuse or Genius? Is Kyle Bass Abusing the Patent System?

Time and time again throughout the legislative history post grant proceedings were explained as being a faster, low-cost alternative to litigating validity disputes in Federal District Court. …
5 months ago 37

Are PTAB Proceedings Fundamentally Unfair to Patent Owners?

The issue of proper due process is critical, according to Johnson, because “the PTAB is now both deciding on the institution of and the conduct of these …
6 months ago 13

Pro-patentee Patent Reform, the STRONG Patents Act Introduced in Senate

The STRONG Patents Act appears to be overwhelmingly favorable to innovators and patent owners. This legislation stands in stark contrast with the Innovation Act submitted in the …
6 months ago 8

How to Protect Your Patent from Post Grant Proceedings

Patent owners must modify their strategies during prosecution to make their patents and portfolios less susceptible to post grant challenges. This strategy must take into account the …
11 months ago 15

The Past, Present and Future of Post Grant Administrative Trials

Between September 16, 2012, and August 7, 2014, there were 1793 post grant challenges instituted. See USPTO PTAB Update, slide 5. Of those challenges 1,585 (or just over 88%) were inter partes reviews. There have …
11 months ago 1

PTO Seeks Comment on AIA Post Grant Administrative Trials

The administrative trial proceedings created by the AIA are: (1) Inter partes review; (2) post-grant review; (3) covered business method patents review; and (4) derivation proceedings. To bring these new proceedings …
1 year ago 0

The PTAB Roadblock to Patent Monetization

The “new normal” created by the PTAB has drastically altered the patent assertion landscape. Simply stated, when a patent owner is notified that a patent they own …
2 years ago 103

Let the AIA Reforms Have an Opportunity to Prove They Work

A recurring theme that can be traced through the patent reforms of the AIA to the current debate over patent litigation abuse is the issue of patent …
2 years ago 0

Post Grant Challenges: Strategic and Procedural Considerations

There are several varieties of a stay. With post grant proceedings we’re talking mostly about discretionary stay. Every district court has inherent right to do this. …
2 years ago 0

Deciding Whether a Post Grant Challenge is Right for You

A goal of nearly every defendant is to lower the total cost of resolution of any legal issue. As counsel for the defendant, you have to weigh …
2 years ago 0