Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged inter partes review · clear
Written by Daniel K. Yarbrough, Ph.D. and Nathanael R. Luman, Ph.D. The PTAB denied institution of an IPR based on patent owner’s challenge to the prior art status of a PCT publication that was asserted by the petitioner as pre-AIA 35 U.S.C. §…
Last month, the Federal Circuit made clear that Article III standing is necessary for petitioners to appeal from adverse decisions in AIA trial proceedings in Phigenix, Inc. v. ImmunoGen, Inc. ( here ) The Phigenix decision follows an earlier decision ,…
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…
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 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…
Since 2012, IPRs have emerged as one of the most significant developments in intellectual property. Even if you are already familiar with IPRs, these videos illustrate how actual IPR practitioners might approach some common issues. Introduction to IPRs…
Summary The Patent Trials and Appeals Board ruled that Petitioner could not maintain a subsequent proceeding with respect to the same claim on a ground that it “reasonably could have raised” in a prior proceeding despite Petitioner being…
Inter partes reviews are the new hotbed of patent litigation. Filed at the U.S. Patent and Trademark Office, with the Patent Trial and Appeal Board, IPRs take down bad patents and eliminate them from the courts. Every accused infringer gets the chance to…
The Inter Partes Review (IPR) and Covered Business Method (CBM) procedures were enacted on September 16, 2012. Since then, the PTAB has released data on a monthly basis to illustrate the trends in the various petitions and which technology areas were most…
Since the America Invents Act (AIA) became effective on September 16, 2012, the Inter-Partes Review (IPR) has drawn significant attention. Additionally, discussion has focused on how the Patent Trial and Appeal Board (PTAB) has become the “patent…
Seventy-one percent of patent claims for which inter partes review are instituted are canceled. You knew that. You knew your patent was subject to IPR cancelation by broadest reasonable construction. You knew your patent was subject to cancelation by…
