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Posts Tagged: post grant review


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 cost of filing a petition by a challenger Patent owners must obtain…

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Between September and August there were post grant challenges instituted See USPTO PTAB Update slide Of those challenges or just over were inter partes reviews There have been covered business method challenges derivation proceedings and only a single post…

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The administrative trial proceedings created by the AIA are Inter partes review post-grant review covered business method patents review and derivation proceedings To bring these new proceedings into being the USPTO issued a number of final rules and a…

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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 is being brought into a post grant proceeding the statistics if not…

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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 quality A key component of the reported abuses is the assertion of…

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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 Judges are generally favorable to granting stays with more being granted than…

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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 the settlement and licensing costs of a patent dispute against the total…

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A brake-down of the major provisions the Amendments that passed and some key Amendments that failed On Thursday December the United States House of Representatives passed the Innovation Act by a vote of - Surprisingly the Innovation Act HR…

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EDITOR'S NOTE What follows is a summary of the Goodlatte patent bill created by American Continental Group which is a government affairs and strategic consulting firm in Washington DC Manus Cooney a former Chief Counsel of the Senate Judiciary…

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Our inter partes challenge data from pre- and post-passage of the AIA clearly show that of the relatively few initial denials made by the USPTO of an inter partes challenge request most fell on entities that typically file as…

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Legend Small Companies have greatly benefited from the new inter partes review procedure in their challenge of the patents of others Truth The ratio of large to small entities requesting inter partes action against the patent of another has…

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The latest incarnation of the SHIELD Act was introduced on February and changes direction as if the first iteration were waived off in disgust before it could even lower its gears SHIELD Act scuttles the reasonable likelihood of succeeding…

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