Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged ptab · clear
In the first nine months of 2017, we saw a continued decline in patent litigation. District court litigation was down 15 percent to 2,921, compared to 3,418 in the first nine months of 2016. For the past three years, this has been an ongoing trend. As for…
Written by Rebecca L. Wright, Ph.D. and Nathanael Luman, Ph.D. The Federal Circuit issued an en banc decision instructing the PTAB to assess patentability of amended claims in IPR proceedings without placing the burden of persuasion on the patent owner.…
Broadest Reasonable Does not Mean Broadest Possible! The USPTO applies a broadest reasonable claim interpretation (BRI) to patents and patent applications. The abbreviation “BRI” is often used to reference the full claim interpretation…
In In re: Smith International, Inc., [2016-2303] (September 26, 2017), the Federal Circuit reversed the PTAB’s affirmance of the Examiner’s rejections of claims in an ex parte reexamination of U.S. Patent 6,732,817 directed to a downhole…
Last year, we published a list of the most litigated patents ( Patexia Insight 8 ). Most of these patents did not survive, with the number of attacks faced by various entities. However, this week, we are releasing our list of the top 5 most valuable…
Written by Benjamin Anger and Mark Rubinshtein, Ph.D. A magistrate judge in the Eastern District of Texas recommended in Network-1 Technologies, Inc. v. Alcatel-Lucent USA, Inc. Case No. 6:11-cv-492 (E.D.Tex. September 25, 2017) that Hewlett-Packard…
Written by Ben J. Everton and David T. Kim The PTAB denied institution of Covered Business Method (CBM) Review, finding that the parties’ license agreement and covenant not to sue removed any “imminent” threat of an infringement suit.…
Written by Benjamin Anger and David T. Kim The PTAB’s Chief Administrative Patent Judge and Deputy Chief Administrative Patent Judge joined an expanded PTAB panel that adopted the seven NVIDIA factors and denied institution of the Petitioner’s…
Last September we released the top 25 petitioners in IPRs. Apple was atop the list with almost 5 percent of all cases filed. We reviewed all IPR cases again this year and, as of the end of the second quarter, there were 6,580 IPR challenges filed before…
Written by Peter Law and Kerry S. Taylor, Ph.D. September 16, 2017 marked five years since the Patent Trial and Appeal Board (PTAB) was created. Some of the notable statistics and trends of the previous 5 years are shown here. As of September 18, 2017,…
Written by Daniel A. Kamkar and Benjamin Anger On August 30, 2017, the PTAB issued a Final Written Decision in M & P Golf, LLC (d/b/a Cool Clubs) v. Max Out Golf, LLC, IPR2016-00784, Paper 43 (P.T.A.B August 30, 2017), entering adverse judgement on the…
Oil States/CAFC to Unravel “Litigation” Premise Sovereign immunity from proceedings of the Patent Trial & Appeal Board (PTAB) has become inextricably linked with the Oil States debate now before the Supreme Court. That is, the 7th amendment…
