Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged ptab · clear
Last week we released the list of best performing law firms in Inter-Partes Review (IPR) , which created some excitement in IP community and we were asked by our readers about similar performance ranking for IPR attorneys. This week, we are releasing the…
Couple of weeks ago, we reported on the top five firms leading in Inter-Partes Review (IPR) , for a period covering September 2012 (IPR inception) through the end of the second quarter in 2017. This week, we focus on a more important metric: performance.…
CRU Faster Than Before AIA, Provides Options for Patent Owners Patent reexamination filings have fallen 86% since 2012. With the elimination of the popular inter partes patent reexamination option in 2012, an overall decrease was certainly expected.…
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…
Patentee Estoppel Can Shut Down Related Prosecution Patent prosecutors might consider PTAB estoppel a pure post-grant concern. That is, a litigation issue restricted to district courts after a failed PTAB challenge, or an issue raised in the context of a…
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…
Board Continues to Provide Helpful Feedback on Best Practices The Patent Trial & Appeal Board (PTAB) has designated the following decisions, which involve 35 U.S.C. § 315(b), as informative. Luv N’ Care, Ltd. v. McGinley, Case IPR2017-01216…
On December 19, 2017, a seven-judge expanded PTAB panel ruled that the University of Minnesota (UM) waived its Eleventh Amendment immunity defense when it filed a patent infringement action in federal district court. Eleventh Amendment immunity had been…
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…
Federal Circuit Summary En banc, Reyna . Appeal from the Patent Trial and Appeal Board. Summary : The Federal Circuit can review the Board’s decision whether an IPR is time barred under § 315(b). In 2010, Ericsson filed a complaint for patent…
