Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged ipr · clear
Running a profitable patent prosecution practice has become more challenging in recent years. The recession triggered by the current pandemic is going to make this even worse in the coming years ( Patexia Insight 79 ). This means patent attorneys will have…
GOLDEN v. U.S. Before O’Malley, Mayer, and Wallach. Appeal from the United States Court of Federal Claims. Summary: (1) Patent infringement claims against the government must be brought under 28 U.S. § 1498, not as a Fifth Amendment taking…
CAFC Decision Moots Some POP Consideration in Hunting Titan Dispute Last November, the PTAB ordered Precedential Opinion Panel (POP) review of the final written decision in Hunting Titan, Inc. v. DynaEnergetics GmbH & Co. KG, Inc., IPR2018-00600. The…
Invalidity Counterclaims-In-Reply Will Not Trigger 35 U.S.C. § 315(a) Congress created IPR to provide a “quick and cost effective alternative[ ] to litigation.” To fulfill that role, Congress limited a party’s ability to seek an IPR…
The Fed. Cir. panel decision in Samsung Elec. Amer., Inc. v. Prisua Engineering Corp. , Appeal No. 2019-1169, 2019-1260 (Fed. Cir., Feb. 4, 2020) flew under my blogging radar for some time, but since Prisua petitioned for rehearing en banc on March 5th, I…
Earlier this year, we analyzed the 2019 patent activities in Patexia Insight 74 . Among our observations, we noticed a sharp decline in the number of IPR petitions filed last year. In 2019, a total of 1271 IPR petitions were filed, compared to 1607 IPR…
Written by : Eric Malmgren & Hans L. Mayer APPLE INC. v. ANDREA ELECTRONICS CORPORATION Before Dyk, Plager, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: An IPR petitioner relying on a prior-art algorithm is not required to discuss all…
Happy New Year! This morning, we released our first ITC Intelligence Report , where we looked at more than 7,000 attorneys, 400 law firms and 1,600 companies, measured their performance and activity over the last six years. In 2020, we plan to expand our…
Reasonably Could Have Raised & Reasonably Diligent Prior to last year’s SAS decision , district courts split over whether non-petitioned grounds were embraced by the “reasonably could have raised” aspect of 35 U.S.C. §§…
In Arthrex, Inc. v. Smith & Nephew, Inc., Appeal No. 2018-2140 (Fed. Cir., Oct. 31, 2019) , a three Judge Fed. Cir. panel of Moore, Reyna and Chen took a deep dive into the appointments clause of the constitution and held that PTAB judges (“…
Over the last few weeks, we have been covering some of the firms and law firms with the largest growth or decline in IPR activity over the last five years. We are very delighted to announce the release of our IPR Intelligence Report Report - 2019 Edition…
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…
