Posts Tagged: inter partes review
OSI Pharmaceuticals Decision Has Limited Use in Supporting Patentability of Method of Treatment Claims
Earlier this month, Mallinckrodt succeeded in its inter partes review (IPR) challenge against patent owner Biovie, Inc. (Biovie). The Patent Trial and Appeal Board’s (PTAB’s) …
The USPTO Wants a Rehearing in Arthrex: Now is the Time to Put the PTAB on Trial
On November 13, the United States Patent and Trademark Office (USPTO) requested the U.S. Court of Appeals for the Federal Circuit suspend all consideration of an appeal …
No Justice for Small Company Innovators: Make Your Voice Heard on the America Invents Act, IPRs, and the CAFC’s Rule 36
My company, Chestnut Hill Sound Inc. (ChillSound), has been victimized by a U.S. patent system that for nearly a decade has been in a sorry state. …
Congress Includes an Ugly Sweater in the STRONGER Patents Act
It is not unusual for there to be unintended consequences in the law or life. A loved one gives you something you don’t really like, but …
One Inventor’s Unsolicited Congressional Testimony Following Arthrex
Since inventors are rarely allowed to participate in patent discussions in Congress, I would like to submit my testimony here. In Arthrex, the Federal Circuit in effect …
Other Barks & Bites for Friday, November 29: China Pledges ‘Social Satisfaction’ on IP Protection and Nominates Candidate to Head WIPO
This week in Other Barks & Bites: the Federal Circuit issues precedential decisions regarding its authority to remand to the PTAB, patent prosecution history estoppel and expert testimony …
CAFC Reverses PTAB Obviousness Finding as Unsupported by Substantial Evidence
On November 23, the Court of Appeals for the Federal Circuit (CAFC) reversed the Patent Trial and Appeal Board’s (PTAB) ruling in a pair of inter partes …
Professors Expand Upon Proposals to Senate IP Subcommittee for Improving Patent Quality
On October 30, the Senate Judiciary Committee’s Subcommittee on Intellectual Property heard from five witnesses on ways to improve patent quality at the United States Patent and …
U.S. Government Patent Enforcement: A Ripple or a Coming Tempest?
In most respects, the widely reported patent complaint recently filed against Gilead is perfectly ordinary. It was filed in the U.S. District Court for the District …
CAFC Upholds PTAB Decision on Time-Bar and Obviousness of Gaming Patent Claims
Last week, the U.S. Court of Appeals for the Federal Circuit (CAFC) reviewed an appeal of the PTAB's final decision that Game and Technology Co. Ltd.…
Other Barks & Bites: USPTO Updates AIA Trial Practice Guide, VoIP-Pal Beats Four Apple IPR Petitions, and China is Top Filer of Blockchain Patents
This week in Other Barks & Bites: the U.S. Patent and Trademark Office issues an updated AIA Trial Practice Guide following SAS Institute v. Iancu; the AM-FM …
Witnesses Tell House IP Subcommittee, “It’s Up to You” to Fix Arthrex
“It’s up to you to do the right thing and fix this,” said Professor Arti Rai of The Center for Innovation Policy at Duke University School …
One Way or Another, Arthrex Promises to Put the PTAB on Trial
For weeks now I have been asking the United States Patent and Trademark Office (USPTO) to confirm how many Administrative Patent Judges (APJs) are currently employed by …
Other Barks & Bites, Friday, November 15: SCOTUS to Hear Booking.com Trademark Case, AG Barr Backs FCC Plan Against Huawei and ZTE, Copyright Office Eliminates Physical Material Submission Options
This week in Other Barks & Bites: the Federal Circuit strikes down a district court’s finding of design patent infringement on summary judgment; the USPTO advises trademark …
Recent PTAB Decisions Provide a Roadmap for Combating Broadest “Unreasonable” Interpretation
As I have previously reported on KSJ Law, the Patent Trial and Appeal Board (PTAB) issued 80 decisions on appeals in October, and reversed the examiner in 24 of …
