Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged ipr · clear
Written by Peter Law and Kerry S. Taylor, Ph.D. In a creative move to take advantage of recent PTAB decisions regarding Sovereign Immunity, (see e.g., Covidien LP v. University of Florida Research Foundation, IPR2016-01274 and Neochord, Inc. v. University…
Written by Jordan M. Cox and Nathanael Luman, Ph.D. The Federal Circuit determined that Article III standing was not necessary for an appellee to participate in a judicial appeal of an IPR final written decision because the appellant had Article III…
Written by Casey D. Donahoe, Ph.D. and Kerry S. Taylor, Ph.D. Hospira (owned by Pfizer) filed five IPR petitions against Genentech patents that Genentech asserted were directed to Herpceptin® (trastuzumab). The PTAB has now instituted IPRs in three of…
Written by Damien Howard and Nathanael Luman, Ph.D. The PTAB recently designated as precedential its 2013 decision that assignor estoppel is not a defense for patent owners in IPR proceedings in Athena Automation Ltd. v. Husky Injection Molding Systems…
In the first half of 2017, we saw a continued decline in patent litigation. District court litigation was down 14 percent to 2,039, compared to 2,482 in the first half of 2016. As for quarterly comparisons, we observed a modest increase of about 10 percent…
Written by Vikas Bhargava and Kerry S. Taylor, Ph.D. In an order issued in Petroleum Geo-Services Inc. v. Westerngeco LLC, IPR2016-00407, IPR2016-00499, Paper 29 (P.TA.B. Jul. 5, 2017), the PTAB terminated the proceedings after the parties indicated that…
Written by Clayton R. Henson and Kerry S. Taylor, Ph.D. Previously, we reported the outcomes of remands from the Federal Circuit to the PTAB in IPR cases through 2016. [https://www.knobbe.com/news/2017/02/ipr-appeals-outcomes-fed-circ-remands-ptab-law360].…
Written by Daniel K. Yarbrough, Ph.D. and Benjamin Anger The PTAB granted-in-part a patent owner’s motion to substitute claims based on evidence of secondary considerations of nonobviousness in Valeo North America, Inc. v. Schaeffler Technologies, AG…
Over the last couple of weeks, we have reported the top five firms in Inter-Partes Review (IPR) from the perspectives of volume and performance during the period from 2012 to 2016. This week, we are moving one step further into law firms to identify the…
Are You Properly Corroborating Your In Re Katz Declarations? Every so often a decision comes out of the USPTO's Patent Trial & Appeal Board (PTAB) or the Federal Circuit that has immediate value for patent prosecutors . Last week, in EmeraChem…
Written by Scott R. Seeley and Andrea Cheek The Federal Circuit upheld an IPR final written decision by the PTAB holding that MindGeek’s claims were unpatentable in Skky, Inc. v. MindGeek, S.A.R.L., No. 2016-2018 (Fed. Cir. June 7, 2017). MindGeek…
Last week, we reported on the top five market leaders who represented petitioners and patent owners in Inter-Partes Review (IPR) from 2012 through the end of 2016. While volume offers key measure for activity, another important metric is the quality or…
