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Federal Circuit to Consider PTAB Sovereign Immunity Defense State-affiliated entities enjoy immunity from suit in federal courts under the 11th amendment. To date, a handful of such entities have successfully leveraged the same immunity theory to avoid…
A closely watched case on sovereign immunity, Reactive Surfaces Ltd., LLP, v. Toyota Motor Corp., IPR2017-00572, has now been terminated by the patent owner’s request for adverse judgment. On July 13, 2017, the PTAB dismissed the Regents of the…
Last week we released the list of best performing law firms in Inter-Partes Review (IPR) , which created some excitement in IP community and we were asked by our readers about similar performance ranking for IPR attorneys. This week, we are releasing the…
Federal Circuit Summary Before Lourie, O’Malley , and Wallach. Appeal from the Patent Trial and Appeal Board. Summary : The PTAB’s finding that an element in a prior art reference is “similar to” a claim limitation, without further…
Federal Circuit Summary Before Lourie, O’Malley , and Hughes. Appeal from the Patent Trial and Appeal Board. Summary : Evaluation of “teaching away” requires consideration of whether a reference “criticize[s], discredit[s], or…
Couple of weeks ago, we reported on the top five firms leading in Inter-Partes Review (IPR) , for a period covering September 2012 (IPR inception) through the end of the second quarter in 2017. This week, we focus on a more important metric: performance.…
Federal Circuit Summary Before Moore, Wallach , and Stoll. Appeal from the Patent Trial and Appeal Board. Summary : The PTAB is entitled to weigh the credibility of expert witnesses, and attorney argument cannot be used as evidence to rebut actual admitted…
CRU Faster Than Before AIA, Provides Options for Patent Owners Patent reexamination filings have fallen 86% since 2012. With the elimination of the popular inter partes patent reexamination option in 2012, an overall decrease was certainly expected.…
Last week we released the names of most active law firms in Inter-Partes Review (IPR) . This week, we focused on attorneys and have identified most active attorneys representing petitioners, patent owners and overall. In order to calculate this, we looked…
Patentee Estoppel Can Shut Down Related Prosecution Patent prosecutors might consider PTAB estoppel a pure post-grant concern. That is, a litigation issue restricted to district courts after a failed PTAB challenge, or an issue raised in the context of a…
Federal Circuit Summary Before Newman, Dyk , and O’Malley. Appeal from the Patent Trial and Appeal Board. Summary : The PTAB may enter an adverse judgment against a patent owner where, before issuing an institution decision on an IPR petition, the…
Last year, we released the top law firms in IPR in terms of activity. We have updated the data and also expanded the date range to cover all IPR cases through the end of the second quarter in 2017. Fish & Richardson with 625 IPR challenges ranked first,…
