Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged ptab · clear
Director Determinations Cannot be Made by an AIA Trial Panel Motion practice in AIA trial proceedings is typically limited to the handful of motions that may be filed as a matter of right. (Pro hac, Joinder, Exclude, Amendment). Prior authorization must be…
Unrebutted Secondary Indicia Considered in Assessing Becton-Dickinson Factors The submission of so-called “objective indicia of non-obviousness” at the PTAB is rarely effective, especially in the predictable arts (i.e., mechanical/electrical) .…
Lack of Stakeholder Consensus on 101 Effort The sponsors of the promised bill to reform 35 U.S.C. § 101 are struggling to regain earlier momentum. It seems that the inclusion of the 112(f) provision (designed to bring Big Tech to the table on an…
Exceptional Cases & The PTAB As discussed last month, as PTAB proceedings conclude at the Federal Circuit and return to the district courts, courts are finding themselves faced with new questions on estoppel . Another question that has been recently posed…
During the last couple of weeks, we have been covering law firms that had the largest decline ( Patexia Insight 66 ) or growth ( Patexia Insight 67 ) in their IPR caseloads over the last five year. We attempted to find the sources of the change in the…
MTD PRODUCTS INC. V. IANCU Before Reyna, Taranto, and Stoll . Appeal from the PTAB. Toro petitioned for IPR of an MTD Products patent relating to lawnmowers. MTD argued the term “mechanical control assembly” was a means-plus-function term. The…
Issue Joinder on the Way Out? As discussed some months back, the Patent Trial & Appeal Board’s (PTAB) new Precedential Opinion Panel (POP) decided its first case in Proppant Express Investments v. Oren Technologies , Case IPR2018-00914 (PTAB Mar. 13,…
Precedential Opinions & Trial Guide? The Federal Circuit’s en banc opinion in In re Aqua Products was as massive as it was unfulfilling . This was due, in part, to the court’s struggle with how to weigh policy of the agency that was not based…
Last week we reviewed the firms with the largest decline in their IPR activity over the last five years (2014 to 2018), attempting to find a theory behind each drop. As we discussed, many larger firms with little to no involvement in IPR in early years,…
Takings Challenge to IPR Fails Since the Supreme Court’s decision in Cuozzo Speed, there has been speculation that there may be an opportunity to attack AIA trials on different constitutional grounds. Most recently, it was argued that cancellation of…
A couple of weeks ago, we reported the quarterly numbers for patent litigation. To our surprise, we noticed a 22 percent jump in district court patent litigation in Q2 compared to Q1 of 2019 ( Patexia Insight 64 ). This happened after several consecutive…
On July 14, 2019, the USPTO published a second update to the AIA Trial Practice Guide with additional guidance about trial practice before the Board. This latest update, while lengthy, does not introduce many significant changes from established practice,…
