Posts Tagged: post grant review

The Increasingly Important Roles of Bloggers in Post Grant Proceedings

Both petitioners’ and patent owners’ reliance on blog articles in the course of post grant proceedings has been approximately equal. However, the manner in which the blog …
By Timothy J. Maier
1 month ago 1

Patent Reform: An Analyst’s Perspective of the AIA

Perhaps the most challenging to accept is the notion that a tribunal created with a specific purpose of invalidation can be impartial to both the petitioners and …
By Elena Murphy
1 month ago 2

Use of PTAB Decisions in District Court Litigation

As the above cases illustrate, PTAB decisions have affected district court cases in different ways. Determining whether the use of a PTAB decision is likely to be …
By Naveen Modi
1 month ago 4

Happy Birthday AIA: Celebrating an Unmitigated Disaster and the Destruction of American Innovation

All of the post grant challenges ushered in by the America Invents Act (AIA) were a bad idea. They never should have been created in the first …
By Gene Quinn
1 month ago 18

The America Invents Act on Its Fifth Anniversary: A Promise Thus Far Only Partially Fulfilled

Unfortunately, Mr. President, after five years I cannot report back that the AIA has yet ”improve[d] patent quality and help[ed] give entrepreneurs the protection and …
By Phil Johnson
1 month ago 3

New legislation is not needed to fix post grant procedures at the PTO

The enumerated problems with the post grant procedures could be bettered by both the courts and the USPTO. The courts have had an opportunity to change the …
By Robert Stoll
2 months ago 8

Misleading PTO statistics hide a hopelessly broken PTAB

While the Patent Office likes to tout statistics that assert most patent claims challenged in IPR are not invalidated, those statistics are simply not credible. When reporting …
By Gene Quinn
2 months ago 16

The America Invents Act Five Years Later: Reality, Consequences and Perspectives

At exactly 11:42am on September 16, 2011, President Barak Obama signed the America Invents Act into law. As President Obama put his pen down he said: “All right guys, …
By Gene Quinn
2 months ago 22

Patent Office Issues New AIA Rules

The U.S. Patent and Trademark Office recently issued an updated set of rules affecting trial practice before the Patent Trial and Appeal Board. In large part, …
By Christopher King
5 months ago 2

Patent Office Defends PTAB Denying Motions to Amend

Don't let the Patent Office fool you. If they wanted to offer patent owners procedural opportunities to fully and fairly engage in an amendment process for patents …
By Gene Quinn
6 months ago 40

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
6 months 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
1 year 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
1 year 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
2 years 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
2 years ago 13