686 articles · page 27 of 58
“Known or Used” Not a Side-Step to PTAB Estoppel Keeping with yesterday’s discussion of Patent Trial & Appeal Board (PTAB) estoppel in the district courts, a decision from earlier this year on yet another aspect of this estoppel has been…
User Manuals & Corresponding Product Estoppel under 315(e)(2) District courts continue to grapple with whether or not physical products described by prior art publications of an earlier Patent Trial & Appeal Board (PTAB) trial are subject to estoppel. That…
During the last couple of weeks, we have been covering law firms that had the largest decline ( Patexia Insight 66 ) or growth ( Patexia Insight 67 ) in their IPR caseloads over the last five year. We attempted to find the sources of the change in the…
MTD PRODUCTS INC. V. IANCU Before Reyna, Taranto, and Stoll . Appeal from the PTAB. Toro petitioned for IPR of an MTD Products patent relating to lawnmowers. MTD argued the term “mechanical control assembly” was a means-plus-function term. The…
Issue Joinder on the Way Out? As discussed some months back, the Patent Trial & Appeal Board’s (PTAB) new Precedential Opinion Panel (POP) decided its first case in Proppant Express Investments v. Oren Technologies , Case IPR2018-00914 (PTAB Mar. 13,…
Precedential Opinions & Trial Guide? The Federal Circuit’s en banc opinion in In re Aqua Products was as massive as it was unfulfilling . This was due, in part, to the court’s struggle with how to weigh policy of the agency that was not based…
Last week we reviewed the firms with the largest decline in their IPR activity over the last five years (2014 to 2018), attempting to find a theory behind each drop. As we discussed, many larger firms with little to no involvement in IPR in early years,…
The first Inter-Partes Review (IPR) was filed about seven years ago on September 16, 2012. A few firms were quick in leading the way and grabbing market share as IPR market was forming in the early days. At the same time, some of the top litigation firms,…
New Decisions Provide Guidance on Discretionary Denials The Patent Trial & Appeal Board (PTAB) has been steadily rolling out new precedent since establishing it Precedential Opinion Panel (POP) . Last Friday a few more decisions were added to the growing…
Predictably, the USPTO has proposed increasing fees for about every piece of “paper” they receive/require . While most of the increases are in the 5-10% range for routine prep/pros matter, some of the increases are much larger. These often seem…
Takings Challenge to IPR Fails Since the Supreme Court’s decision in Cuozzo Speed, there has been speculation that there may be an opportunity to attack AIA trials on different constitutional grounds. Most recently, it was argued that cancellation of…
Article III Review of Agency Action May Once Again Interest SCOTUS A perceived lack of Article III standing in appeals from the Patent Trial & Appeal Board (PTAB) to the Federal Circuit can doom an appeal. More recently, the Court has had an opportunity to…
