Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged ipr · clear
Last week we released the names of most active law firms in Inter-Partes Review (IPR) . This week, we focused on attorneys and have identified most active attorneys representing petitioners, patent owners and overall. In order to calculate this, we looked…
Federal Circuit Summary Before Newman, Dyk , and O’Malley. Appeal from the Patent Trial and Appeal Board. Summary : The PTAB may enter an adverse judgment against a patent owner where, before issuing an institution decision on an IPR petition, the…
Last year, we released the top law firms in IPR in terms of activity. We have updated the data and also expanded the date range to cover all IPR cases through the end of the second quarter in 2017. Fish & Richardson with 625 IPR challenges ranked first,…
WiFi One Opens the Door to Reconsideration of Well-Established PTAB Precedent The Federal Circuit’s softening of the appeal bar (35 U.S.C. § 314(d)) in WiFi One will now allow the Court to consider matters unrelated to the merits of an…
WiFi One Touchstone: Closely Related to Patentability Determination? As I predicted would happen last Spring , the Court held today in Wi-Fi One v. Broadcom ( here ) that the appeal bar is limited to Director determinations closely related to the…
Litigation Waiver Now Threatens Tribal Immunity Dispute As I pointed out before the holidays, given the practical need to litigate patents in today’s monetization environment, the Board’s litigation waiver decision in Ericsson v. Regents of the…
In both HTC v. Cellular and Microsoft v. Biscotti , the Circuit affirms rare IPR determinations that all of the claims of the patents at issue are not invalid. In Travel Sentry v. Tropp , the Circuit vacates summary judgment in favor of luggage…
The odd title of this post arose from the fact that defendant Autel U.S., Inc. chose not to appeal its IPR win against Bosch that included invalidation of the claims in suit, and the refusal of the Board to enter an amended claim set proposed by Bosch.…
Tribal Immunity in Focus at PTAB Previously I explained that the 7th amendment argument in Oil States and the 11th amendment argument for sovereign immunity from the PTAB are both tied to the same basic, threshold premise — IPR is a trial proceeding…
On November 16, 2017, the USPTO issued new procedures ( “ Standard Operating Procedure 9” ) for governing cases remanded from the Federal Circuit. These procedures are applicable to all decisions remanded from the Federal Circuit to the PTAB,…
The USPTO announced that the official fees for IPR and PGR will increase significantly starting on January 16, 2018. See 82 Fed. Reg. 52780, 52807 (Nov. 14, 2017). The IPR petition request fee will increase $6,500 (from $9,000 to $15,500) and the…
In view of the IP hornets’ nest stirred up by Judge Bryson’s ruling in Allergan and the St. Regis Mohawk Tribe v. Teva Pharm. Inc., Case No. 2:15-cv-1455-WCB (E.D. Tex. , Oct. 16, 2017) , which may or may not have mooted the Tribe’s…
