686 articles · page 45 of 58
Written by Benjamin Anger and David T. Kim The PTAB’s Chief Administrative Patent Judge and Deputy Chief Administrative Patent Judge joined an expanded PTAB panel that adopted the seven NVIDIA factors and denied institution of the Petitioner’s…
Last September we released the top 25 petitioners in IPRs. Apple was atop the list with almost 5 percent of all cases filed. We reviewed all IPR cases again this year and, as of the end of the second quarter, there were 6,580 IPR challenges filed before…
Written by Peter Law and Kerry S. Taylor, Ph.D. September 16, 2017 marked five years since the Patent Trial and Appeal Board (PTAB) was created. Some of the notable statistics and trends of the previous 5 years are shown here. As of September 18, 2017,…
Written by Daniel A. Kamkar and Benjamin Anger On August 30, 2017, the PTAB issued a Final Written Decision in M & P Golf, LLC (d/b/a Cool Clubs) v. Max Out Golf, LLC, IPR2016-00784, Paper 43 (P.T.A.B August 30, 2017), entering adverse judgement on the…
Oil States/CAFC to Unravel “Litigation” Premise Sovereign immunity from proceedings of the Patent Trial & Appeal Board (PTAB) has become inextricably linked with the Oil States debate now before the Supreme Court. That is, the 7th amendment…
In Southwire Co. v. Cerro Wire LLC, [2016-2287] (September 8, 2017), the Federal Circuit affirmed the PTAB’s decision in an Inter Partes reexamination that the claims of U.S. Patent No. 7,557,301 on a method of making cable are unpatentable under 35…
Written by Peter Law and Kerry S. Taylor, Ph.D. In a creative move to take advantage of recent PTAB decisions regarding Sovereign Immunity, (see e.g., Covidien LP v. University of Florida Research Foundation, IPR2016-01274 and Neochord, Inc. v. University…
PTAB Precedent (Not Surprisingly) Embraces CAFC Precedent As I pointed out last week, it is a heavy lift for the Patent Trial & Appeal Board (PTAB) to designate a precedential decision . For this reason, nothing but the most straightforward of issues can…
Preserving The PTAB Trial Record An objection operates to preserve errors in admitting evidence. At the PTAB, the manner and timing of making evidentiary objections is governed by agency rule rather than the Federal Rules of Evidence (FRE). 37 C.F.R.…
PTAB Expanded Panels Impact Less Than 1% of All AIA Trials Last week the Court of Appeals for the Federal Circuit (CAFC) issued its decision in Nidec Motor Corp. v. Zhongshan Broad Ocean Motor Co. (here) The decision affirmed the USPTO’s Patent Trial…
Written by Jordan M. Cox and Nathanael Luman, Ph.D. The Federal Circuit determined that Article III standing was not necessary for an appellee to participate in a judicial appeal of an IPR final written decision because the appellant had Article III…
Written by Casey D. Donahoe, Ph.D. and Kerry S. Taylor, Ph.D. Hospira (owned by Pfizer) filed five IPR petitions against Genentech patents that Genentech asserted were directed to Herpceptin® (trastuzumab). The PTAB has now instituted IPRs in three of…
