Posts Tagged: inter partes review
Lofgren, Issa Denounce Proposed PTAB Claim Construction Changes in Oversight Hearing
found it disturbing that the Director Iancu would circumvent the prerogative of Congress with recently announced proposed PTAB claim construction changes, though she admitted the decision wasn’…
Askeladden LLC Submits Another Amicus Brief Advocating Against Tribal Sovereign Immunity for PTAB Proceedings
In this regard, a PTAB proceeding is not a suit in court, but instead an administrative proceeding in which the Patent Office (through the PTAB) takes “a …
Hatch-Waxman Litigation: 60 Percent Increase in ANDA Lawsuits from 2016 to 2017
In 2017, U.S. district courts saw a total of 417 patent infringement suits related to ANDA filings made by drugmakers with the U.S. Food and Drug Administration (…
Written Description Support for Claimed Range Requires More than Broad Disclosure
Appellant General Hospital Corp. (“GHC”) appealed the Board’s dismissal of an interference because the claims of its involved patent application lacked sufficient written description. The disclosure …
The PTAB Continues to Break Patent Promises to the Detriment of Inventors
Surviving inventors are incredibly rare. I have met dozens of inventors with incredible discoveries whose naïve belief in the patent system have cost them way more …
CAFC Affirms Rejection of Application for Incorrect Inventorship
The Federal Circuit recently affirmed a decision of the United States Patent and Trademark Office to reject VerHoef's pending application 13/328,201 for a dog harness under pre-AIA Section 102(…
An Exclusive Interview with USPTO Director Andrei Iancu
Director Iancu is knowingly and intentionally seeking to provide hope in the words he speaks because he believes a strong patent system is necessary for the U.…
Inequitable Conduct Renders ’993 Patent Unenforceable
In Energy Heating v. Heat On-The-Fly, the court did not abuse its discretion in finding clear and convincing evidence that the inventor knew that the prior uses …
Jury Cannot Award Disgorgement of Profits in Trade Secret Misappropriation Cases
In Texas Advanced Optoelectronic Solutions v. Renesas Electrics, a jury found Renesas liable for both patent infringement and trade secret misappropriation. The jury awarded a reasonable royalty …
WesternGeco’s Time-Bar Argument Fails to Save its Invalidated Patents
On appeal, WesternGeco argued 1) the Board erred as to its unpatentability determinations; and 2) the IPR proceedings were time-barred under 35 U.S.C. § 315(b) because ION acted in …
Class Action Lawsuit Filed Against U.S. Government Alleging PTAB Violates Takings Clause and Due Process
On Wednesday, May 9th, Oklahoma-based patent owner Christy Inc. filed a class action complaint in the U.S. Court of Federal Claims against the United States seeking …
Federal Circuit Asked to Reconsider IPR Ruling in Context of Database Search Algorithms
On May 9, 2018, Network-1 Technologies, Inc. filed a combined petition for panel rehearing or rehearing en banc with the United States Court of Appeals for the Federal Circuit, …
Mohawks appeal PTAB denial of Sovereign Immunity defense
The appellants are appealing from a series of inter partes review (IPR) proceedings at the Patent Trial and Appeal Board (PTAB) where the Board made the controversial …
PTO Proposes Rulemaking to Implement Phillips Claim Construction at PTAB
Earlier today the USPTO announced proposed rulemaking that would change the prior policy of using the Broadest Reasonable Interpretation (BRI) standard for construing unexpired and proposed amended …
PTAB Reform: An Urgent Request on Behalf of Independent Inventors
What follows is a letter on the topic of PTAB reform that will be sent to USPTO Director Andrei Iancu on Monday, May 14, 2018. The letter seeks urgent …
