Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
PTAB Ethics Accusations Are Misguided Critics of the Patent Trial & Appeal Board (PTAB) are not hard to find — attorneys especially hate change. Since the start of AIA trial proceedings in 2012, we have seen a never ending stream of challenges to…
Written by Jeremy Anapol and John M. Carson Patent enforcement by Texas-based DataTreasury Corp. (“DataTreasury”) was a key motivation for the creation of Covered Business Method Review (“CBM”) proceedings. Senator Charles Schumer…
Written by Casey D. Donahoe , Ph.D. and Scott Raevsky In Superior Communications, Inc. v. Voltstar Technologies, Inc., IPR2017-00067, Paper 14 (P.T.A.B. Apr. 25, 2017), the Patent Trial and Appeal Board instituted inter partes review of U.S. Patent No.…
Written by Patrick Muffo & Kevin Mahoney , Seyfarth Shaw Every day, companies unknowingly give up intellectual property and trade secrets which they could have otherwise protected with simple processes. Poor R&D policies may not capture patent rights on a…
Written by Kerry S. Taylor , Ph.D. The USPTO’s Patent Trial and Appeal Board (PTAB) has released its March 2017 statistics. The end of March marking the halfway point in the USPTO's fiscal year, the overall totals for fiscal year 2017 (FY 2017)…
In my last post , I discussed estoppel in the context in inter partes review, in which defendant filed for IPR after losing in the courts. The Board found the claims-in-suit to be obvious. The Federal Circuit affirmed that the courts and the PTAB could…
The difference between "i.e." (id est, "that is") and "e.g." (exempli gratia, "for example") comes up in patent cases from time to time. While the difference is not always clear to some practitioners, it is clear to…
In a previous post , in reaction to Apple’s game of branding hide-and-seek, I introduced the idea of a delay in initial publication of new U.S. trademark applications. As brief background, in March 2014 Apple filed a trademark application for the…
Written by Scott R. Seeley and Nathanael Luman , Ph.D. Old Republic’s IPR petition was effectively unopposed due to a defect in the chain of assignment, which led the PTAB to hold all claims unpatentable without considering arguments or evidence…
Written by Nathanael Luman , Ph.D. and Kerry S. Taylor, Ph.D. The PTAB granted-in-part motions to amend in three related proceedings: Activision Blizzard, Inc. v. Acceleration Bay, LLC, IPR2015-01953, Paper 107 (P.T.A.B. sealed on March 23, 2017, made…
After Novartis’ patents were found nonobvious by the Fed. Cir., affirming the Delaware District Court, defendant Noven filed for inter partes review (IPR) of U.S. Pat. Nos. 6316023 and 6335031, on rivastigmine and an antioxidant. The PTAB found the…
In Phil-Insul , collateral estoppel precludes IntegraSpec from ‎relitigating claim construction in a ‎second case involving a ‎different defendant, different claims and “somewhat” ‎different accused ‎products. In Rembrandt…
