Posts Tagged: inter partes review
CAFC Vacates PTAB Decision to Uphold Conversant Wireless Patent Challenged by Google, LG
On Tuesday, November 20th, the Court of Appeals for the Federal Circuit issued a nonprecedential decision in Google LLC v. Conversant Wireless Licensing, which vacated a decision …
PTAB Institutes IPR, Finds Unified Patents is Sole Real Party in Interest
On Tuesday, November 27th, the Patent Trial and Appeal Board (PTAB) issued a redacted version of a decision to institute an inter partes review (IPR) proceeding petitioned …
To Shift or Not to Shift: Burden Shifting Framework and the PTAB
Earlier this year, in E. I. du Pont de Nemours & Co. v. Synvina C.V. (Fed. Cir. 2018) (“Dupont v. Synvina”), the Federal Circuit found that the Patent …
Supreme Court Refuses to Take SSL Services v. Cisco, Will Not Answer Question on Multiple Proceedings Rule at PTAB
In its petition for writ, SSL Services argued that the PTAB’s decision to institute the IPR incorrectly denied the application of 35 U.S.C. § 325(d), the …
CAFC Affirms PTAB Win for Patent Owner in Nonprecedential Decision, Chief Prost Dissents
The Federal Circuit recently issued a nonprecedential opinion in Amazon.com, Inc. v. ZitoVault, LLC, affirming a decision by the Patent Trial and Appeal Board (PTAB) that …
Federal Circuit Holds a ‘Similar Enough’ Claim Construction Doesn’t Violate the APA
In Hamilton Beach Brands v. F’Real Foods, the Federal Circuit found that under the Administrative Procedure Act, the Patent Trial and Appeal Board’s adopted claim …
Constitutional Separation of Powers & Patents of Invention: Oil States Energy Services, LLC v. Greene’s Energy Group, LLC
Despite potentially relevant Supreme Court precedent in Thomas and Granfinanciera, the better view under the weight of Supreme Court precedent with respect to patent validity, absent the …
Delaware Jury Awards $24 Million Royalty to Bio-Rad and University of Chicago, Finds Patent Infringement Willful
A jury in the United Stated Federal District Court for the District of Delaware recently delivered a verdict awarding nearly $24 million dollars in reasonable royalty damages to …
The PTAB Promotes Petitioner Promiscuity
Why in the world would the federal government want to be an active participant in invalidating patents that the USPTO grants? Does the federal government believe that …
Federal Circuit affirms PTAB Mixed Decision in Acceleration Bay v. Activision Blizzard
Acceleration Bay appealed the final written decisions of the Board holding claims 1-9 of U.S. Patent No. 6,829,634, claims 1-11 and 16-19 of U.S. Patent No. 6,701,344, …
Federal Circuit says Assignor Estoppel Has “No Place” in IPR Proceedings
The Federal Circuit recently found that assignor estoppel has “no place in IPR proceedings,” affirming a holding of the Patent Trials and Appeal Board (“Board”) that assignor …
Blockbuster Restasis Patent Goes Down at Federal Circuit a Victim of Rule 36
Without any explanation, analysis or justification, Chief Judge Prost, and Judges Reyna and Hughes affirmed the decision of colleague Judge Bryson. A patent to a blockbuster drug …
Serial and Duplicative Petitions at PTAB by Apple, Other Tech Giants Flout Congressional Intent
The Alliance of U.S. Startups and Inventors for Jobs (USIJ) recently released a report detailing the organization’s research into serial attacks on high quality patents …
The USPTO Must End Repeated and Concerted Patent Attacks
Why is it that innovators such as Universities and independent inventors are caricatured as patent trolls while entities such as Unified Patents and RPX, who exist for …
Harmonizing the PTAB: Iancu calls change to Phillips ‘critically important’
"It seems self-evident that the same patent contested in different tribunals should have its meaning – its boundaries – determined using the same standard," Director Iancu said when discussing …
