686 articles · page 42 of 58
For difficult grounds of rejection, the right advocacy can make all the difference. The right counsel can know when to appeal and how to win on appeal. Here, we explore the demographic of firms that represent appellants that overturn one of the most…
The Tension Between Judicial Independence & Agency Consistency As I have pointed out previously, the Board struggles to issue precedential decisions . This is because the Board (now approaching 300 judges) must reach a “sufficient majority”…
Tribal Immunity in Focus at PTAB Previously I explained that the 7th amendment argument in Oil States and the 11th amendment argument for sovereign immunity from the PTAB are both tied to the same basic, threshold premise — IPR is a trial proceeding…
No Duty to Discuss Closest Prior Art…But you Probably Should Anyway In implementing the Federal Circuit’s In Re Aqua Products’ holding, the Patent Trial & Appeal Board (PTAB) explains that “practice and procedure before the Board…
On November 16, 2017, the USPTO issued new procedures ( “ Standard Operating Procedure 9” ) for governing cases remanded from the Federal Circuit. These procedures are applicable to all decisions remanded from the Federal Circuit to the PTAB,…
Standard Operating Procedures (SOP) 9 Released As discussed last week, a remand to the Patent Trial & Appeal Board (PTAB) may be a short-lived victory for Patent Owners . The PTAB has now officially revised the “Standard Operating Procedure 9…
The USPTO announced that the official fees for IPR and PGR will increase significantly starting on January 16, 2018. See 82 Fed. Reg. 52780, 52807 (Nov. 14, 2017). The IPR petition request fee will increase $6,500 (from $9,000 to $15,500) and the…
Remand or Reversal? Appeals from the Patent Trial & Appeal Board (PTAB) have now become a major component of the Federal Circuit’s docket. Given the deferential “substantial evidence” standard accorded PTAB decisions, upward of 60% of…
In view of the IP hornets’ nest stirred up by Judge Bryson’s ruling in Allergan and the St. Regis Mohawk Tribe v. Teva Pharm. Inc., Case No. 2:15-cv-1455-WCB (E.D. Tex. , Oct. 16, 2017) , which may or may not have mooted the Tribe’s…
The Saint Regis Mohawk Tribe’s recent motion to terminate pending IPRs on patents purported to cover Allergan’s Restasis® product has spurred two parties to seek authorization from the PTAB to file amicus briefs. Earlier this year, Allergan…
Inter-Partes Review (IPR) is known as an effective, relatively low cost (compared to district court litigation) and quick method used by defendants as a defense strategy in district court cases. This week, we analyzed the cases to see what percentage of…
Tribal Immunity Considered by PTAB Previously I explained that the 7th amendment argument in Oil States and the 11th amendment argument for sovereign immunity from the PTAB are both tied to the same basic, threshold premise — IPR is a trial…
