Posts Tagged: inter partes review


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 …
By Rebecca Tapscott
1 month ago 1

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 …
By Jonathan Stroud
1 month ago 0

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 …
By Gene Quinn
1 month ago 17

Commenters Weigh in On Implications of High Court Ruling in Thryv v. Click-to-Call

Yesterday’s Supreme Court decision in Thryv, Inc. v. Click-to-Call Technologies was in some ways unsurprising, but has generated buzz among the patent community all the same. …
By IPWatchdog
1 month ago 2

Supreme Court: PTAB Institution Decisions Cannot Be Appealed, Even on the Basis of Time-Bar Challenges

In an opinion authored by Justice Ginsburg, the Supreme Court ruled today that Section 314 (d) of the U.S. Patent Act, which bars judicial review of Patent …
By Eileen McDermott
1 month ago 12

Patent Filings Roundup: Brine Battles, Enforcing the ‘One-Petition Rule’ and Matchmaker Patent Suits

District court patent filings are again high this week—73 new complaints filed (just a few shy of last week), but Patent Trial and Appeal Board (PTAB) cases …
By Jonathan Stroud
2 months ago 3

Will the Supreme Court Keep Kicking the Can or Stop It by Addressing Arthrex?

On April 6, Arthrex, Inc. filed a petition for certiorari in the U.S. Supreme Court on two discrete patent issues. Notably, one of the issues raised in …
By Bradley Olson
2 months ago 6

A House Divided: Is the PTAB Ignoring the USPTO’s Section 101 Guidance?

The year 2019 was supposed to be when subject matter eligibility examination at the USPTO got better. First, the USPTO published Revised Patent Subject Matter Eligibility Guidance in …
By Nick Transier
2 months ago 11

Patent Filings Roundup: Fertilizer, Fitness Tracker and Phone Fights

District court patent filings are up again this week, demonstrating that even a good lockdown can’t keep patent lawyers down; indeed, it appears there’s no …
By Jonathan Stroud
2 months ago 2

Amici Urge Supreme Court to Grant Celgene’s Petition on Constitutionality of Retroactive IPRs

Law professors recently filed an amicus brief in support of the Celgene's petition for writ of certiorari to take up Celgene Corp v. Peter on appeal from …
By Rebecca Tapscott
2 months ago 6

What Happens at The Board Does Not Stay at The Board: How Patent Owners Can Leverage IPR Proceedings in Litigation

Inter Partes Review (IPR) proceedings before the Patent Trial and Appeal Board (PTAB) often occur in parallel to district court cases. Patent owners whose patent rights survive …

Facebook v. Windy City Settles It: The CAFC Does Not Care About the PTAB’s Opinions

The Supreme Court in SAS (SAS Institute Inc. v. Iancu) was quite clear that the Patent Trial and Appeal Board (PTAB or Board) has to follow the …
By Brad Close
2 months ago 11

PTAB Designates Two Opinions Precedential on Discretion to Grant or Deny IPRs

Yesterday, the USPTO Patent Trial and Appeal Board designated two opinions as precedential. In one case, Advanced Bionics, LLC v. MED-EL Elektromedizinische Geräte GmbH, the Board …
By Rebecca Tapscott
2 months ago 0

Patent Filings Roundup: Medtronic Hit with Seven IPRs, Huawei Fields Multiple District Court Complaints

In the age of electronic filing, working from home and sheltering in place appears to have accelerated—or at least not slowed down significantly—district court and …
By Jonathan Stroud
2 months ago 5

The IP Bar Weighs in on CAFC Denial of Arthrex Rehearing

Yesterday, the U.S. Court of Appeals for the Federal Circuit denied rehearing en banc in Arthrex v. Smith & Nephew. Five of the 12 Federal Circuit judges wrote …
By Eileen McDermott
2 months ago 3