Posts Tagged: PTAB


PTAB Chief Ruschke says Expanded Panel Decisions are Conducted in Secret

Ruschke noted that his authority to expand the panels for PTAB trials doesn’t require him to notify the parties in the trial that the decision to …
By Steve Brachmann
14 days ago 5

Predicting Oil States after Supreme Court Oral Arguments

After oral arguments were held on Monday, November 27, 2017, I again asked a number of industry insiders what thoughts and predictions they now have after having the benefit …
By Gene Quinn
15 days ago 34

Open Letter from Conservatives: What’s at stake in Oil States v. Greene’s Energy Group

If wrongly decided, Oil States Energy Services v. Greene’s Energy Group may be the next Kelo v. City of New London decision. At bottom, the case …

PTAB Chief Judge Ruschke Must be Beyond Reproach

I was dismayed recently when I received my invitation from Unified Patents to their conference where the keynote speaker was David Ruschke, Chief Judge for the Patent …
By Aaric Eisenstein
15 days ago 9

Supreme Court seems split on Oil States constitutionality challenge to IPR proceedings

Justice Gorsuch seems the most likely, based on his questions, to support the petitioner's position that there is a constitutional infirmity surrounding IPR proceedings. Chief Justice Roberts …
By Gene Quinn
16 days ago 26

Tech’s Ruling Class Files Amici Briefs with U.S. Supreme Court in Oil States Case

October 30th was a very busy day for amici filing briefs with the U.S. Supreme Court on how the highest court in the nation should decide …
By Steve Brachmann
16 days ago 7

Law Professors File Briefs with the Supreme Court in Oil States

A review of amici briefs filed with the U.S. Supreme Court in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC provides evidence of …
By Steve Brachmann
17 days ago 5

Solicitor General Tells SCOTUS that Patents are Public Rights in Oil States Brief

The government’s brief argues that IPR proceedings at the PTAB are consistent with Article III because, in its view, patents are public rights and not private …
By Steve Brachmann
17 days ago 0

Independent Patent Owners File Briefs with Supreme Court in Oil States

A review of amicus briefs filed with the U.S. Supreme Court in advance of oral arguments in Oil States Energy Services, LLC v. Greene’s Energy …
By Steve Brachmann
17 days ago 0

Give Thanks for Oil States

Is a patent a property right? It certainly has been considered so for over 200 years. If it is a property right, to invalidate it should require an …
By Randy Landreneau
19 days ago 15

VoIP-Pal.com prevails in 7 separate IPRs, PTAB finds no evidence of invalidity

In two final decisions and five decisions on IPR institution, the PTAB panel of administrative patent judges (APJs) found that petitioners Apple and AT&T did not …
By Steve Brachmann
21 days ago 6

USPTO Increases IPR Filing Fees by $6,500 in Final Rule on Fee Adjustments

The USPTO issued a final rule to set or adjust certain patent fees as the agency is authorized to do under the America Invents Act (AIA) of 2011. …
By Steve Brachmann
23 days ago 6

Three rounds of IPR petitions invalidates VirnetX patent after Apple gets around statute of limitations

Luckily for Apple and Microsoft, however, VirnetX did not assert the ‘135 patent against Mangrove Partners, a hedge fund, which filed a petition for IPR against the ‘135 patent …
By Steve Brachmann
27 days ago 3

When all else fails, consult the statute!

Specifically, the petition presents the question: is patent ineligibility under 35 U.S.C. § 101, which Congress did not codify in 35 U.S.C. § 282(b), not a cognizable defense …
By Lewis Hudnell
29 days ago 4

Cognitive Dissonance: How the PTAB Reported Appeal Statistics Ruins the Data for Everyone

The PTO reports a case as affirmed if all claims are rejected for at least one issue on appeal and reversed if all claims are reversed for …
By Adam Stephenson
29 days ago 2