Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged ptab · clear
In Judge Plager’s concurrence-in-part in Interval Licensing v. AOL, Inc., he describes the “small puzzle” present in the Mayo/Alice analysis of a claim identified as directed to an abstract idea: “[I]f a court, after reviewing…
Federal Circuit Summary On September 10, 2018, the Federal Circuit decided Regents of the University of California v. Broad Institute, Inc. , affirming the Patent Trial and Appeal Board (PTAB)’s determination of no interference-in-fact between the…
Federal Circuit Finds PTAB Discovery Determinations One-Sided On the heels of Applications in Internet Time, LLC v. RPX Corporation , the Federal Circuit once again finds itself considering a PTAB RPI/Privity dispute. In RPX, the Court held that…
Patent Owner’s Given New Rights in Trial Practice Guide Update The Federal Register will issue a notice updating the Patent Trial & Appeal Board (PTAB) Trial Practice Guide on Monday, August 13, 2018. You can find a copy of this notice in the…
Federal Circuit Summary Before Newman , Lourie, and Reyna. Appeals from the Patent Trial and Appeal Board. Summary: A party did not waive SAS -based relief in an IPR appeal when it requested remand for consideration of non-instituted claims shortly after…
CAFC Emphasizes Flexibility of its Printed Publication Jurisprudence Last week, I pointed out that the Federal Circuit faulted the Patent Trial & Appeal Board (PTAB) for its narrow public accessibility analysis in Medtronic, Inc. v. Barry . Given the de…
Public Accessibility: A Fact Intensive Inquiry Yesterday I highlighted a significant decision for Patent Trial & Appeal Board (PTAB) practitioners pertaining to Real-Party-In-Interest (RPI) and privity determinations, Applications in Internet Time, LLC v.…
On July 20, 2018, the Federal Circuit held that tribal sovereign immunity is not available as a defense in IPR. Allergan Pharmaceuticals owned patents that it had asserted in litigation against various generic pharmaceutical manufacturers, including Mylan…
Federal Circuit Denies Tribal Sovereign Immunity from PTAB Proceedings Last Friday, the Federal Circuit affirmed the Patent Trial & Appeal Board’s (PTAB) denial of tribal sovereign immunity as a patent owner defense to an AIA trial challenge. The…
Political Theater & Patent Reform The Stronger Patent Act has failed to gain traction for several years now . The Bill is deemed to one-sided, proposing legislative changes that would effectively kill AIA trial proceedings. Strangely, a new bill was…
325(d) Compliments SNQ Standard The popularity of AIA trial proceedings at the Patent Trial & Appeal Board (PTAB) has caused a corresponding nosedive in patent reexamination filings . Not surprisingly, when faced with a high-value patent dispute, patent…
On June 1, 2018 the U.S. Patent and Trademark Office designated a Board order in Western Digital Corporation v. SPEX Technologies, Inc . as informative on the issue of Motions to Amend during an IPR. At the same time, the USPTO de-designated two previously…
