Posts Tagged: inter partes review
ALE Responds and Baxter Weighs in on Chrimar Bid for High Court to Consider ‘Soundness’ of Fresenius/ Simmons Principle
In March, Chrimar Systems, Inc. filed a petition for certiorari asking the U.S. Supreme Court to decide: 1) whether the Federal Circuit may apply a finality standard …
Patent Filings Roundup: Video Gambling Games Going to the Dogs, The Queen’s Cherries, and a Tale of Bankruptcy and Patent Infringement in Cinema Stadium Seating
With 27 new Patent Trial and Appeal Board (PTAB) filings—25 inter partes reviews (IPRs), one post grant review (PGR) and one covered business method review (CBM), the first …
PTAB Institution Data Analysis Proves That Reforms Have Failed
Despite rumors that changes have been made at the USPTO to bring balance to the Patent Trial and Appeal Board (PTAB), a hard look at the data …
Patent Filings Roundup: The Return of the Founder, Retailers Target Wireless LLC, European NPE Revives 2G/3G Patent Wars
There were only 16 new PTAB filings—all inter partes reviews (IPRs)—this week, with a whopping 70 new district court complaints filed. Those numbers were driven primarily by: 1) …
Non-Limiting Preamble Costs Cochlear at CAFC
Cochlear Bone Anchored Solutions AB (“Cochlear”) owns U.S. Patent No. 7,043,040 (“the ‘040 patent”), directed to a hearing aid for use in those with unilateral hearing loss. Oticon …
District Court Blocks Attempt to Bar New Prior Art References Based on IPR Estoppel
The U.S. District Court for the District of Massachusetts on May 4 denied a motion for partial summary judgment by Palomar Technologies, Inc., holding that the estoppel …
Why We Need USPTO Examiners to Attend Inter Partes Reviews
Whoever wrote the America Invents Act (AIA) left out the U.S. Patent and Trademark Office (USPTO) examiners. The examiner on any given patent at issue in …
Practice at the Patent Trial and Appeal Board During a Pandemic
The business of the Patent Trial and Appeal Board (PTAB) continues on as most practitioners transition into another month of working from home. Like many courts, the …
PTAB Judges Should Call Balls and Strikes, Not Throw Curve Balls
The America Invents Act (AIA) outlines an adversarial, inter partes, process for reviewing patents and determining their validity. Patent owners deserve a fair process, presided over by …
Patent Filings Roundup: Blackberry Accused of Abuse, PayPal Isn’t Playing, WSOU Earns Its Frequent Filer Card
This week, Patent Trial and Appeal Board (PTAB) filings are back up, with four post grant reviews (PGRs) and 37 inter partes reviews (IPRs), while there were 83 district …
PTAB Establishes Two-Part Framework for Denying Institution of IPRs Based on Previously Presented Art Or Argument
Earlier this year, the Patent Trial and Appeal Board (PTAB) established a two-part framework for applying 35 U.S.C. § 325(d), under which the PTAB may deny institution …
Patent Filings Roundup: ‘Something in the Water’ with Sharp Spike in District Court Filings
Is there something in the water this week? While Patent Trial and Appeal Board (PTAB) filings were up slightly (the spike due entirely to 14 new petitions from …
CAFC: Inability to Challenge Claims in District Court is No Impediment to PTAB Challenge
The CAFC explained that the doctrine of assignor estoppel does not bar an assignor from filing a petition for IPR to challenge the validity of the assigned …
Patent Filings Roundup: Patent Suits Hold Steady in the Downturn
The traditional wisdom—that patent suits rise and fall with the economy—seems backward. With some data forthcoming on that point, both during the last downturn and …
The Thryv Ruling Says the PTAB is Supreme—So Now Let’s Make it Fair
Yesterday, the United States Supreme Court ruled that the Director of the United States Patent and Trademark Office (USPTO), by and through his designees, the Patent Trial …
