Posts Tagged: inter partes review
Allergan’s patent transaction with St. Regis Mohawks could presage more arbitrage patent transactions
News of the St. Regis patent transaction has sparked interest in others pursuing similar arbitrage arrangements that provide revenue streams to Native American tribes outside of gambling …
Five Years after the AIA Created the PTAB
I want to believe Congress ultimately sought to strengthen the U.S. patent system with the AIA by providing a mechanism to more easily remove a small …
The Increasingly Powerful PTAB: Underutilized Precedential Designations Undermines Efficiency and Consistency
The PTO has increased the number of Board decisions as being precedential (so as to serve as a binding authority) by 36% within the last two years. With …
Crossing the Chasm: Avoiding and Surviving the PTAB
In 2012, the American Invents Act established three new administrative procedures: post grant review (PGR), inter-partes review (IPR), and covered business method patent (CBM) review. In each of …
Patent owners negatively impacted by PTAB file amicus brief with SCOTUS in support of Oil States
A few dozen amici briefs have been filed in the case, including one filed on August 30th by 39 patent owners affected by PTAB activities in support of …
Mylan calls Allergan’s patent deal with Indian tribe a “sham” transaction in PTAB hearing on sovereign immunity defense
The tribe is raising a sovereign immunity defense in the case as the tribe is a sovereign entity which is not amenable to a suit unless it …
A Review at Five Years of Inter Partes Review
Post grant procedures can be an effective and efficient way of promoting patent quality by invalidating weak, inappropriately granted patents. What we need now is thoughtful review …
The only solution for the transgressions of the PTAB is to disband this runaway tribunal
Hiring senior associates to be Administrative Patent Judges was a mistake, hiring so many senior associates from the same firm was an even bigger mistake. Making it …
PTAB fails to decide IPR within 1-year statutory deadline
According to 35 U.S.C. § 316(a)(11), the PTAB is required to issue a final determination in an inter partes review not later than 1-year after the date …
A Patents as Property Rights History Lesson
Several of the briefs address the absurdity currently being advanced, claiming patents are so-called “public rights.” This novel notion — more in line with Karl Marx than John …
Federal Circuit dodges IPR joinder challenge because claims ruled obvious
Nidec argued that the Board improperly applied the joinder and time bar statutes. The Court held that it need not resolve this dispute because it affirmed the …
Former Trump campaign advisor: “Today, patents are worthless.”
“We began noticing that key appointments in the Trump Administration were going to Republicans who were very anti-patent,” Caputo noted. These appointments include Vishal Amin, who Trump …
Federal Circuit upholds PTAB invalidation of podcasting patent despite district court infringement finding
On Monday, August 7th, a judicial panel of the U.S. Court of Appeals for the Federal Circuit entered a decision in Personal Audio, LLC v. Electronic …
Federal Circuit says non-profit EFF has standing in IPR appeal
In an IPR brought by Electronic Frontier Foundation (EFF), Personal Audio appealed a Board determination that invalidated its patent for storing and distributing episodic media files. Personal …
Where parties dispute proper scope of claims, Board must provide an explicit claim construction
The Board declined to provide a construction of “settling speed” and determined that the claims were not invalid as anticipated. Homeland appealed... When parties dispute the proper …
