686 articles · page 44 of 58
SAS Institute To Send Patent Owners Screaming Into the Night? The Supreme Court will get a heavy dose of the PTAB on November 27th. That is the day the High Court will hear oral arguments in both the Oil States and SAS Institute appeals. While almost all…
Written by: Scott R. Seeley and Kerry S. Taylor Ph.D. In view of the Federal Circuit’s en banc holding in Aqua Products, Inc. v. Matal , No. 2015-1177, (Fed. Cir. Oct. 4, 2017), the Board authorized additional briefing to the petitioner in three…
In the first nine months of 2017, we saw a continued decline in patent litigation. District court litigation was down 15 percent to 2,921, compared to 3,418 in the first nine months of 2016. For the past three years, this has been an ongoing trend. As for…
Written by Rebecca L. Wright, Ph.D. and Nathanael Luman, Ph.D. The Federal Circuit issued an en banc decision instructing the PTAB to assess patentability of amended claims in IPR proceedings without placing the burden of persuasion on the patent owner.…
Sitting en banc, a fractured Federal Circuit (Appeal no. 2015-1177 ( Fed. Cir., Oct. 4, 2017 )) released 140+ pages comprising five separate opinions (7 Judges “concur in result”). The majority held that, at least under the current PTO…
Broadest Reasonable Does not Mean Broadest Possible! The USPTO applies a broadest reasonable claim interpretation (BRI) to patents and patent applications. The abbreviation “BRI” is often used to reference the full claim interpretation…
In In re: Smith International, Inc., [2016-2303] (September 26, 2017), the Federal Circuit reversed the PTAB’s affirmance of the Examiner’s rejections of claims in an ex parte reexamination of U.S. Patent 6,732,817 directed to a downhole…
Written by Peter E. Heuser , Schwabe, Williamson & Wyatt, P.C. In almost 150 pages and five separate opinions, a majority of an en banc Circuit remands to the Board the decision in Aqua Products v. Matal , instructing the Board to issue an IPR decision…
Last year, we published a list of the most litigated patents ( Patexia Insight 8 ). Most of these patents did not survive, with the number of attacks faced by various entities. However, this week, we are releasing our list of the top 5 most valuable…
Written by Benjamin Anger and Mark Rubinshtein, Ph.D. A magistrate judge in the Eastern District of Texas recommended in Network-1 Technologies, Inc. v. Alcatel-Lucent USA, Inc. Case No. 6:11-cv-492 (E.D.Tex. September 25, 2017) that Hewlett-Packard…
Written by Ben J. Everton and David T. Kim The PTAB denied institution of Covered Business Method (CBM) Review, finding that the parties’ license agreement and covenant not to sue removed any “imminent” threat of an infringement suit.…
Last week, we released the names of the five most active companies in IPR. However, the most active ones are not necessarily the best performing. This week, we have reviewed all entities that have been involved in IPR through the end of the second quarter…
