686 articles · page 55 of 58
In last couple of weeks we reported that Apple, with 267 IPR challenges filed since 2012, has been at the top, responsible for almost 5 percent of all challenges filed. This week, we decided to review the company’s cases and see who has been winning…
A patentee has several options for responding to a Petition for Inter Partes Review (“IPR”) or Covered Business Method (“CBM”) petition. The patent owner can optionally file a Preliminary Response arguing against institution on…
Last week we reported on the top 10 all-time IPR petitioners and learned that Apple, with 267 IPR challenges filed from 2012 through 2016, was at the top. This represents approximately 5 percent of all of the 5,592 IPR challenges filed through 2016. This…
Written by Jeffrey C. Wu, Ph.D. and Kerry S. Taylor, Ph.D. In Covidien LP v. University of Florida Research Foundation Incorporated, IPR2016-01274, -01275, -01276 (January 2017), the Patent Trial and Appeal Board held that Eleventh Amendment sovereign…
Written by Peter Heuser, Schwabe Williamson & Wyatt In Tinnus v. Telebrands, the Circuit affirms the grant of a preliminary injunction even though the PTAB previously ruled that the claims were invalid due to indefiniteness and obviousness. In Cumberland…
Burden of Production on Article III Standing to Bolster 315(b) Disputes at CAFC? Two weeks back, the Federal Circuit made clear that Article III standing is necessary for petitioners to appeal from adverse decisions in AIA trial proceedings. Phigenix, Inc.…
A few weeks ago we reported a sharp decline in patent litigation in 2016 of more than 20 percent. However, activity for Inter-Partes Review (IPR) remained basically unchanged (1,638 challenges were filed in 2016). Some suggest that there is a 6- to…
315(e)(2) Estoppel Application Less Than Straightforward IPR estoppel is established under 35 U.S.C. § 315(e)(2), which provides that “the petitioner in an inter partes review of a claim in a patent . . . that results in a final written decision…
Written by Peter Law, Jason J. Jardine and Loni Morrow On January 5, 2017, Skechers U.S.A., Inc. filed a petition with the Patent Trial and Appeal Board to institute an Inter Partes Review (IPR2017-00607) (“current IPR petition”) of two design…
Written by Kerry S. Taylor, Ph.D. and Michael L. Fuller On January 19, 2017, the Board issued a final written decision in World Bottling Cap, LLC v Crown Packaging Technology, Inc. (IPR2015-01651) finding the challenged claims were not unpatentably obvious…
The doctrine of definiteness requires a patent to clearly state what the inventor considers to be their invention. Of course, the PTAB interprets various claim terms when determining whether a prior art reference anticipates or renders obvious a particular…
Last week we published patent litigation stats for 2016 as we learned that the numbers of District Court Cases had declined more than 20 percent compared to 2015. Several readers asked us if we can compare the total number of unique patents asserted in…
