Posts Tagged: post grant review


New PTAB Rules Level the Playing Field for Patent Owners in IPR

After much public comment and debate, new changes to rules for post-grant administrative trials before the Patent Trial and Appeal Board (PTAB) go into effect on May 2, 2016. …
By Ben Pleune & Pamela Councill 16 days ago 8

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 …
By Gene Quinn 9 months 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 …
By Robert Stoll 10 months 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. …
By Gene Quinn 1 year 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 …
By Gene Quinn 1 year 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 …
By Gene Quinn 1 year 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 …
By Gene Quinn 2 years 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 …
By Gene Quinn 2 years 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 …
By Gene Quinn 2 years 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 …
By Gene Quinn 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 …
By Q. Todd Dickinson 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. …
By Dolly Krishnaswamy 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 …
By Dolly Krishnaswamy 2 years ago 0

House Passes Innovation Act, Battle Goes to Senate

A brake-down of the major provisions, the Amendments that passed and some key Amendments that failed… On Thursday, December 5, 2013, the United States House of Representatives passed the …
By Gene Quinn 2 years ago 6

A Summary of the Goodlatte Patent Bill Discussion Draft

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 …
By Manus Cooney 3 years ago 9