686 articles · page 22 of 58
Written by : Jeremiah S. Helm, Ph.D. & Mark Kachner GRIT ENERGY SOLUTIONS, LLC v. OREN TECHNOLOGIES, LLC Before Prost, Newman, Wallach. On appeal from The Patent Trial and Appeal Board. Summary: IPR petitioner has standing to appeal an adverse Board…
LEAP Program Launches 5/15 Today, the USPTO officially launched the Patent Trial and Appeal Board’s (PTAB) Legal Experience and Advancement Program (LEAP). LEAP is designed to foster development of the next generation of patent practitioners by…
A few weeks ago, for the first time, we compared the cost of patent prosecution for Apple’s top firms ( Patexia Insight 77 ). One of our readers asked if we could find any correlation between the cost of development of a portfolio and the actual…
ARGENTUM PHARM. LLC v. NOVARTIS PHARM. CORP. Before Lourie, Moore, and Reyna. Appeal from the U.S. Patent and Trademark Office, Patent Trial and Appeal Board. Summary: A party lacks standing to appeal an adverse IPR decision if it cannot show an injury…
Public Policy Role of PTAB Clashes with Assignor Estoppel Equities The doctrine of assignor estoppel prevents prior owners/inventors of a patent from later challenging the patent’s validity. Assignor estoppel’s premise is that the assignor…
Additional Briefing Invited on Binary Application of NHK Last week I pointed out that the litigation timing factor introduced by NHK Spring Co. Ltd. v. Intri-Plex Technologies Inc., has effectively swallowed the entirety of the General Plastic factors in…
GOLDEN v. U.S. Before O’Malley, Mayer, and Wallach. Appeal from the United States Court of Federal Claims. Summary: (1) Patent infringement claims against the government must be brought under 28 U.S. § 1498, not as a Fifth Amendment taking…
Cert Petitions Pursue Takings Clause Argument Last week, Arthrex filed a petition for certiorari challenging the holding of the Federal Circuit that its Appointments Clause challenge was forfeited. (a companion case to the one that has received all of the…
CAFC Decision Moots Some POP Consideration in Hunting Titan Dispute Last November, the PTAB ordered Precedential Opinion Panel (POP) review of the final written decision in Hunting Titan, Inc. v. DynaEnergetics GmbH & Co. KG, Inc., IPR2018-00600. The…
NIKE, INC. v. ADIDAS AG Before Lourie, Chen, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: The Patent Trial and Appeal Board may sua sponte identify a patentability issue for a proposed substitute claim based on the prior art of…
NHK Swallows General Plastic The America Invents Act (AIA) was passed into law in 2011 to provide a more cost-effective, faster alternative to district court patent litigation. At the time, bill sponsors explained that some of America’s largest…
Invalidity Counterclaims-In-Reply Will Not Trigger 35 U.S.C. § 315(a) Congress created IPR to provide a “quick and cost effective alternative[ ] to litigation.” To fulfill that role, Congress limited a party’s ability to seek an IPR…
