Posts Tagged: joinder


CAFC: Parties Joined in IPRs are Not Estopped from Raising New Invalidity Grounds in District Court

On September 24, the United States Court of Appeals for the Federal Circuit (CAFC) affirmed-in-part and reversed-in-part the U.S. District Court for the Eastern District of Texas’…
By IPWatchdog
8 months ago 0

Split CAFC Holds That a State Asserting Sovereign Immunity May Not Be Joined as Involuntary Plaintiff

On July 24, the United States Court of Appeals for the Federal Circuit (CAFC) affirmed a decision of the United States District Court for the Southern District of …
By Rebecca Tapscott
10 months ago 0

USPTO and Facebook Submit Briefs Explaining Effects of Thryv Ruling on Facebook v. Windy City

Last week, Facebook and the USPTO both filed briefs in response to a U.S. Court of Appeals for the Federal Circuit (CAFC) Order requesting that the …
By Rebecca Tapscott
11 months ago 0

Examining the USPTO’s First Precedential Opinion Panel Decision

The first decision issued by the new USPTO Precedential Opinion Panel (POP) tackled the difficult issues of statutory interpretation of sections 35 U.S.C. § 315(b) and 35 U.…
By Russell Slifer
2 years ago 3

USPTO Precedential Opinion Panel Delivers Lukewarm Attempt to Streamline PTAB Policy

In September 2018, the United States Patent and Trademark Office (USPTO) announced the substantial revision of Standard Operating Procedures (SOPs) for the paneling of matters before the Patent …
By IPWatchdog
2 years ago 0

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 …
By Gene Quinn
4 years ago 13

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 …

Patent Reform 101 – A Primer on Pending Patent Legislation

Patent reform is the new normal and we can expect that it will continually be raised in every new Congress for the foreseeable future. Currently there are …
By Gene Quinn
6 years ago 2

House Judiciary Committee Questions PTO Director Lee on Innovation Act

There were statements recognizing the need to keep open legitimate avenues to for innovators to protect themselves against infringement, and a strong desire to make sure that …
By Gene Quinn
6 years ago 6

Decrease in patent litigation questions need for patent reform

In 2014 there were 1,070 fewer patent lawsuits filed than during 2013. Furthermore, the number of patent cases filed in 2014 was lower than the number of cases filed in 2012 by …
By Gene Quinn
6 years ago 8

Raising the Cost of Enforcing Patents: ‘Patent Reform’ Prices Small Businesses Out of the Inventing Business

The US House passed the Innovation Act (HR3309) in December 2013. The Senate is now well on its way to incorporating this legislation which will make Americans poorer. …

Patent Legislation Compared: Joinder of Interested Parties

Opponents of the rule point out that it could lead to unwilling and unnecessary joinder — a point raised particularly by universities and venture capitalists who fear they …
By Andrew Baluch
7 years ago 1

Unite to Fight Patent Reform Legislation

"Today, Congress is under another call to weaken patent protection. This time the alleged culprit is a so-called “patent troll” who, according to some reports, hijacks inventions …
By Randy Landreneau
7 years ago 59

A Summary of the Goodlatte Patent Bill Discussion Draft

EDITOR'S NOTE: What follows is a summary of the Goodlatte patent bill created by American Continental Group, which is a government affairs and strategic consulting firm in …
By Manus Cooney
8 years ago 9

Probing 10 Patent Troll Myths – A Factured Fairytale Part 2

There are many myths that are attached to the fable of the so-called “patent troll.” Acting like the MythBusters, we probed some of them. For example, the …
By Steve Moore
8 years ago 7