Posts Tagged: Patent Validity
Using AI to Reduce Transactional Costs of Patent Validity and Infringement Determinations
The United States has a clear need for patent reform, but does our legislature understand how to implement that reform? For decades, a shortcoming to our approach …
Standard Essential Patents: Statistics and Solutions to the Real Party in Interest Problem
As I noted in part one of my talk at the IPWatchdog Patent Masters Symposium, the validity statistics for SEPs do not look very good at first …
Are all U.S. Patent Claims Invalid?
Nobel Biocare Srvcs. AG v. Instradent USA, Inc. makes one wonder whether all U.S. patents are invalid, or will eventually become invalid. This case demonstrates that …
Federal Circuit Asked to Reconsider IPR Ruling in Context of Database Search Algorithms
On May 9, 2018, Network-1 Technologies, Inc. filed a combined petition for panel rehearing or rehearing en banc with the United States Court of Appeals for the Federal Circuit, …
Federal Circuit Upholds Thales Motion Tracking Patent Asserted against U.S. Government for Second Time
The recent Federal Circuit decision in Elbit Systems of America, LLC v. Thales Visionix, Inc. affirmed a final written decision issued by the Patent Trial and Appeal …
Federal Circuit Remands PTAB Decision to Uphold Patent Claims Challenged By Nintendo
While the recent decision did uphold the PTAB’s finding of validity of some claims, the Federal Circuit reversed and remanded part of the decision in a …
PTAB Facts: An ugly picture of a tribunal run amok
69% of cases reaching a final decision by the PTAB have all claims invalidated. 82.5% of patents reviewed by PTAB in a final decision are found defective... As the …
PTAB Errors Fatal to Hundreds of Legitimate Patents
There have been 220 patents upheld as valid in real courts and also subject to a final written decision in the PTAB. The PTAB only agreed with the …
Willful Infringement, Opinion Letters, & Post-Halo Trends
In one of the first district court cases to apply Halo, the Eastern District of Pennsylvania was confronted with a defendant who obtained a noninfringement opinion sometime …
The PTAB Killing Fields: VirnetX patents worth more than $1 billion in district court lost at PTAB
So obviously the patent claims VirnetX has used to pursue infringers such as Apple and Microsoft are not the weak patents that opponents of the patent system …
Prepare for More Estoppel if the Supreme Court Reverses Federal Circuit on Partial IPR Institutions
Partial institutions lessen the value of estoppel because the petitioner avoids estoppel on claims that were challenged but not instituted. The PTAB never issues a final written …
Federal Circuit Clarifies On-Sale Bar Under America Invents Act
In Helsinn Healthcare S.A. v. Teva Pharms. USA, Inc., the Federal Circuit reversed the district court and held that Helsinn’s pre-AIA patent claims, “were subject …
Recent court rumblings about a narrow scope of IPR estoppel
An Inter Partes Review (IPR) is an important tool for companies that face frequent patent infringement challenges. An IPR is essentially a mini-litigation focusing solely on patent …
The Transformation of the American Patent System: Adverse Consequences of Court Decisions
Activist Supreme Court decisions in the last decade have been principally responsible for these changes, stimulated by aggressive technology company incumbent lobbying. The combination of these decisions …
Are You Maximizing Your Intellectual Property? Generating more value in the innovation era
Today’s pace of innovation and competitive intensity demand greater protection of new ideas and inventions. Yet intellectual property (IP) management is not a high business priority …
