Posts Tagged: inter partes
PTAB Trends: More Orange Book Patents Are Surviving the ‘Death Squad’
Since its inception, the Patent Trial and Appeal Board (PTAB) has been a frequent venue for patent challenges in the pharmaceutical and biotechnology industries. By the end …
Federal Circuit Allows Reconsideration of Non-Instituted Ground in IPR
In AC Techs., S.A. v. Amazon.com, Inc. the Federal Circuit found the PTAB did not exceed its statutory authority by addressing a non-instituted ground on …
No Debate: Article III Standing is a Requisite to Appeal an IPR
On January 11, GKN Automotive LTD. filed a brief in opposition to a petition for writ of certiorari filed by JTEKT Corporation. The question JTEKT seeks to have …
In Support of the Right of Dissatisfied Parties to Appeal Adverse IPR Decisions
On January 11th, Askeladden LLC (Askeladden) filed an amicus brief in support of the Supreme Court accepting certiorari from JTEKT Corp. v. GKN Automotive Ltd., No. 2017-1828 (…
Limiting Section 325(d) Delegation Will Ensure a More Predictable Inter Partes Review Process
Congress created Inter Partes Review (IPR) to weed out clearly invalid patents that would not have been issued had the United States Patent and Trademark Office (USPTO) …
PTAB Says Alphabet is No Real Party-in-Interest With Google
Who stands to gain if Google prevails? Well, Google certainly, but so too does Alphabet, which is precisely why Alphabet is a real party-in-interest under any fair …
Federal Circuit Affirms Apple IPR Victory over VirnetX Patent
The Federal Circuit recently issued an opinion affirming the decision of the Patent Trial and Appeal Board (“Board”) invalidating a VirnetX patent challenged by Apple. The Court …
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On Tuesday, November 20th, the Court of Appeals for the Federal Circuit issued a nonprecedential decision in Google LLC v. Conversant Wireless Licensing, which vacated a decision …
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 …
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, …
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 …
Can the Federal Circuit use Rule 36 Affirmances in PTAB Appeals?
Inventor advocacy group US Inventor recently filed an amicus brief with the U.S. Supreme Court asking the nation’s highest court to grant a petition for …
Supreme Court asked to apply Multiple Proceeding rule to end harassing validity challenges
The Multiple Proceedings rule has become the essence of uncertainty. What exactly does it mean? §325(d) gives the PTO Director the authority to refuse a petition when “…
Service Starts § 315(b) Time-Bar Even If Complaint Involuntarily Dismissed Without Prejudice
In Bennett Regulator Guards, Inc. v. Atlanta Gas Light Co. the Federal Circuit ruled the time-bar for filing a petition for inter partes review in Section 315(b) …
CAFC Reverses Nonobviousness Ruling in IPR as Board Failed to Apply Burden-Shifting Standard
The Federal Circuit recently reversed a Patent Trial and Appeal Board (“Board”) inter partes review decision on nonobviousness, holding that the Board erred when it did not …
