Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged ipr · clear
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…
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…
General Plastic Factors & Follow-on Petitions Last September, the Patent Trial & Appeal Board (PTAB) held that the advanced state of a district court proceeding militated in favor of denying a petition for IPR in accordance with the General Plastic factors…
Happy New Year! We have decided to write more often in 2019 as many of our readers have asked us to bring back our popular Patexia Insight series. Our goal is to bring as much value to the community as possible, so we will do our best to create more…
Leveraging PTAB 101 Determinations in Parallel Litigation Covered Business Method (CBM) challenges have fallen out of favor with petitioners. This is due to a number of factors, not the least of which is the narrowing of CBM jurisdiction after Unwired…
Federal Circuit Summary Before O’Malley , Taranto, and Stark; Partial En Banc Decision before Prost, Newman, Lourie, Dyk, Moore, O’Malley, Reyna, Wallach, Taranto, Chen, Hughes, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary:…
Federal Circuit Summary Before Prost, Dyk , and O’Malley. Appeal from the Patent and Trial Appeal Board. Summary: An IPR petitioner lacks standing to appeal an adverse decision by the Board if it sells no infringing products and there is no risk of…
Written by: Brandon G. Smith and Nicole R. Townes Federal Circuit Summary Before Moore , Wallach, and Taranto. Appeal from the Patent Trial and Appeal Board. Summary : The Supreme Court’s decision in SAS Institute Inc. v. Iancu requires the Board in…
Federal Circuit Summaries Before Reyna, Bryson , and Stoll. Appeal from the Patent Trial and Appeal Board. Summary : A petitioner in an Inter Partes Review may introduce new evidence not included in its petition if: 1) the evidence is a reply to evidence…
On April 26, 2018, the USPTO issued a one-page guidance document on the impact of the Supreme Court’s recent decision, SAS Institute Inc. v. Iancu, on AIA trial proceedings. As has been widely reported, SAS reversed the PTAB’s long-standing…
Federal Circuit Summary Before Dyk, Bryson , and Reyna. Appeal from PTAB, remanded from the Federal Circuit, en banc. Summary : Time-bar does not apply to IPR petitioner through privity with a district court defendant because the evidence did not show (1)…
The court in Koninklijke Philips N.V. v. Wangs All. Corp., No. 14:cv-12298, 2018 WL 283893 (D. Mass. Jan. 2, 2018) denied summary judgement of no invalidity, finding that the Federal Circuit’s holding in Shaw forecloses a broad reading of the…
