Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged ptab · clear
Is the 315(b) Time Bar Particular to a “Patent Owner?” Earlier this year the Patent Trial & Appeal Board (PTAB) instituted trial in Sling TV, L.L.C. et al. v. Realtime Adaptive Streaming, LLC, IPR2018-01331, Paper 9 (PTAB January 31, 2019). In…
Recently, the PTO issued a Notice providing guidance on how the Board treats reissue and reexamination proceedings while an AIA trial on the same patent is co-pending. The guidance comes in response to public comments and questions seeking to understand…
PTAB Cements Institutional Discretion Back in January, I identified the Board’s expanding view of 314(a) discretion as the most significant development of 2018 . In that earlier post, I predicted that one such 314(a)/325(d) case, NHK Spring Co., Ltd.…
Simultaneous/Redundant Petitions Attacking Same Claims Questioned The Patent Trial & Appeal Board’s (PTAB) new focus on institution equities of serial petition challenges was the most significant development of 2018 . Since that time the Board has…
Federal Register Notice Advertises Alternative PTAB Amendment Options Last Friday the USPTO published a notice in the Federal Register entitled: Notice Regarding Options for Amendments by Patent Owner Through Reissue or Reexamination During a Pending AIA…
CAFC Upholds Injunction to Shut Down PTAB The AIA statutes provide that a person who is not the owner of a patent, can challenge the patent at the Patent Trial & Appeal Board (PTAB). Pursuant to the bright lines drawn by the statute, the PTAB has accepted…
Before Moore , Mayer, and Linn. Appeal from the Patent and Trial Appeal Board. Summary : A graphical user interface that allows users to place orders for items (such as shares of stock) by moving icons onto displayed item prices is not patent eligible…
CASE OF THE WEEK Omega Patents, LLC v. CalAmp Corp. , Appeal No. 2018-1309 (Fed. Cir. Apr. 8, 2019) In an appeal from a series of post-trial decisions, the Federal Circuit provided several important opinions. The Court addressed the effects of failing to…
Director Encouraged to Do What He is Already Doing? At several bar events over the past few weeks, the Director has made clear that the agency is “looking into” ways to address certain serial petitioning practices beyond that of the…
Unchallenged Claim Falls on Summary Judgement Back in 2016, I flagged a few district court decisions that leveraged Patent Trial & Appeal Board (PTAB) fact-finding on summary determination . These decisions weighed the fact finding of the expert agency as…
First quarter of 2019 is behind us and patent litigation continues its downward trend, which was started back in 2015. In the first quarter of 2019, total of 825 patent cases were filed in different district courts. The number is down 12 percent compared…
Justice Dept. Defends Challenge to APJ Appointments The latest constitutional challenge to the Patent Trial & Appeal Board (PTAB) involves the Appointments Clause. The Appointments Clause of the U.S. Constitution has been interpreted to require that only…
