Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged ptab · clear
Non-precedential Decision Faults Long-Standing PTAB Practice Securing additional IPR discovery at the Patent Trial & Appeal Board is a challenge . This is because, such discovery is not accorded as a matter of right, but in the interests of justice. And,…
New Informative Decisions The Patent Trial & Appeal Board (PTAB) issued new informative decisions this week applying its 101 Guidelines . Ex Parte Olson, Appeal 2017-006489 (PTAB Mar. 25, 2019) ( here ) The claims at issue recite a method of registering a…
Statutory Petition Requirement Correctable Back in April I discussed the Patent Trial & Appeal Board’s (PTAB) evolving position that an updated RPI designation did not require a resetting of the petition filing date. That is, despite telling Congress…
A bill was recently proposed to “reduce the improper issuance of patents that improperly extend the term of exclusivity afforded a new drug or biological product.” The bill would amend the patent statutes (s. 253 or title 35) for add the…
Interactions During Preliminary Proceeding Can Doom PTAB Filing Since last summer’s decisions in Applications in Internet Time, LLC v. RPX Corp. , and Worlds Inc. v. Bungie, Inc. , the Patent Trial & Appeal Board (PTAB) has seen RPI/privity disputes…
In my first post on the Subcommittee Hearings held last week , I noted the absence of many witnesses from the life science industry, as opposed to groups such as IPO, AIPLA, BIO, ACLU and PhMA. The third and final panel , held yesterday, remedied this…
Plan Ahead for 101 Change With the Senate conducting marathon hearings on the subject of patentable subject matter this week (i.e., 35 U.S.C. § 101), and with significant effort to date to move legislation forward , it appears that 101 change is…
Redundant Grounds Not An Efficient Administration of Justice Last month, the Patent Trial & Appeal Board (PTAB) issued an Order explaining that maintaining multiple, concurrent proceedings per patent presents a significant burden for the Board . More…
For many practitioners, it seems that change is the only certainty at the Patent Trial and Appeal Board. And only five months into the year, change in 2019 has become more certain than ever. Late last year, the PTAB revamped its standard operating…
AVX CORPORATION V. PRESIDIO COMPONENTS, INC. Before Newman, O’Malley, and Taranto . Appeal from the Patent and Trial Appeal Board. Summary: Appellants from an IPR decision to the Federal Circuit must have concrete claims of current or non-speculative…
Standing Dispute Highlights 315(e)(2) Estoppel Concern Article III standing has been a problem for certain petitioners seeking review of adverse Patent Trial & Appeal Board (PTAB) AIA trial rulings. This is because, while the AIA statutes provide that…
Summary : The General Plastic factors used to determine whether the PTAB will exercise its discretion to deny a follow-on IPR petition can weigh against institution even if the follow-on petition is filed by a different party. The PTAB recently designated…
