686 articles · page 28 of 58
On Wednesday, Senator Coon—of 101 hearings fame—and five co-sponsors introduced the Stronger Patents Act in the Senate (“Support Technology & Research for Our Nation’s Growth and Economic Resilience”). About 22 of the…
On July 14, 2019, the USPTO published a second update to the AIA Trial Practice Guide with additional guidance about trial practice before the Board. This latest update, while lengthy, does not introduce many significant changes from established practice,…
GENERAL ELECTRIC CO. V. UNITED TECHNOLOGIES CORP. Before Reyna , Taranto, and Hughes. Appeal from the Patent and Trial Appeal Board. Summary : A petitioner who loses an IPR must proffer specific evidence of competitive injury or economic loss to establish…
Non-precedential Decision Faults Long-Standing PTAB Practice Securing additional IPR discovery at the Patent Trial & Appeal Board is a challenge . This is because, such discovery is not accorded as a matter of right, but in the interests of justice. And,…
TQ Delta LLC v. Dish Network LLC Before: Newman, Linn, and Wallach . Appeal from the Patent Trial and Appeal Board. Summary : The rights of parties in an IPR are not violated when the PTAB provides adequate notice of the PTAB’s understanding of the…
After many years of continued decline, we observed for the first time, a significant reversal in the trend in the second quarter of 2019. In Q2, a total of 1,013 patent lawsuits were filed in U.S. District Courts across the country, which was 22 percent…
New Informative Decisions The Patent Trial & Appeal Board (PTAB) issued new informative decisions this week applying its 101 Guidelines . Ex Parte Olson, Appeal 2017-006489 (PTAB Mar. 25, 2019) ( here ) The claims at issue recite a method of registering a…
On June 11, 2019, the U.S. Patent and Trademark Office Patent Trial and Appeal Board (PTAB) instituted inter partes review (IPR) of U.S. Patent No. 6,306,141 , assigned to Medtronic Vascular, Inc. The Decision instituted the IPR based on two obviousness…
Statutory Petition Requirement Correctable Back in April I discussed the Patent Trial & Appeal Board’s (PTAB) evolving position that an updated RPI designation did not require a resetting of the petition filing date. That is, despite telling Congress…
A bill was recently proposed to “reduce the improper issuance of patents that improperly extend the term of exclusivity afforded a new drug or biological product.” The bill would amend the patent statutes (s. 253 or title 35) for add the…
Interactions During Preliminary Proceeding Can Doom PTAB Filing Since last summer’s decisions in Applications in Internet Time, LLC v. RPX Corp. , and Worlds Inc. v. Bungie, Inc. , the Patent Trial & Appeal Board (PTAB) has seen RPI/privity disputes…
REGENTS OF THE UNIV. OF MINN. v. LSI CORPORATION Before Dyk , Wallach, and Hughes. Appeal from the Patent Trial and Appeal Board. Summary : State sovereign immunity does not apply to IPR proceedings asserted against patents owned by or assigned to states,…
