Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged ipr · clear
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,…
The first Inter-Partes Review (IPR) was filed about seven years ago on September 16, 2012. A few firms were quick in leading the way and grabbing market share as IPR market was forming in the early days. At the same time, some of the top litigation firms,…
New Decisions Provide Guidance on Discretionary Denials The Patent Trial & Appeal Board (PTAB) has been steadily rolling out new precedent since establishing it Precedential Opinion Panel (POP) . Last Friday a few more decisions were added to the growing…
Predictably, the USPTO has proposed increasing fees for about every piece of “paper” they receive/require . While most of the increases are in the 5-10% range for routine prep/pros matter, some of the increases are much larger. These often seem…
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…
On Wednesday, Senator Coon—of 101 hearings fame—and five co-sponsors introduced the Stronger Patents Act in the Senate (“Support Technology & Research for Our Nation’s Growth and Economic Resilience”). About 22 of the…
Non-precedential Decision Faults Long-Standing PTAB Practice Securing additional IPR discovery at the Patent Trial & Appeal Board is a challenge .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,…
After many years of continued decline, we observed for the first time, a significant reversal in the trend in the second quarter of 2019. In Q2, a total of 1,013 patent lawsuits were filed in U.S. District Courts across the country, which was 22 percent…
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…
REGENTS OF THE UNIV. OF MINN. v. LSI CORPORATION Before Dyk , Wallach, and Hughes. Appeal from the Patent Trial and Appeal Board. Summary : State sovereign immunity does not apply to IPR proceedings asserted against patents owned by or assigned to states,…
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…
