Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged ipr · clear
Patent litigants or other “real parties in interest” are estopped from asserting invalidity challenges in federal court “on any ground that the petitioner raised or reasonably could have raised during the inter partes review [IPR].”…
Several weeks ago we analyzed the IPR data for Q3 which has been steadily rising since September 2012. This week, our Data Science Team decided to look into Covered Business Method (CBM) Review, which is the second most popular type of Patent Office Trial…
Summary The Patent Trials and Appeals Board ruled that Petitioner could not maintain a subsequent proceeding with respect to the same claim on a ground that it “reasonably could have raised” in a prior proceeding despite Petitioner being…
As Q3 of 2016 ended last Friday, we looked at the quarterly numbers for patent litigation in district courts as well as Inter-Partes Review (IPR) challenges filed before the PTAB. In those three months, there were 1,182 patent lawsuits filed in different…
Although it is unclear whether PTAB decisions are given collateral estoppel effect in district court proceedings, PTAB decisions are at least persuasive authority. And as one court observed, “ignoring the PTAB decision entirely smacks of…
Inter Partes Review (IPR) proceedings are limited to prior art challenges for printed prior art. Although prior art typically includes drawings that illustrate physical structures, the description of those drawings may only discuss what is illustrated and…
The Patent Trial and Appeal Board (PTAB) decides petitions to institute post-grant proceedings, including inter partes reviews (IPRs). PTAB institution decisions, as contrasted with the merits of any final written decision, are nonappealable. Despite the…
This week, Patexia Data Science team analyzed nearly four years of data to find the 25 most active IPR petitioners. From September 2012 through June 2016, more than 1,100 unique petitioners filed 4,704 IPR challenges. However, the top 25 petitioners were…
2015 has been an interesting year in the IP space. Aggressive lobbying has kept patent reform in the spotlight in both Congress and the media, with the patent troll narrative adding a sensational element and keeping the story fresh. But as the end of the…
The days of fight or settle are over for companies facing patent litigation. During the last several years, the US patent landscape has shifted dramatically, opening up an entire ecosystem of new solutions for companies dealing with accusations of patent…
With the America Invents Act still hot off the press with less than 5 years in effect, Congress is already debating two new patent reform proposals. We are still very much in the process of analyzing the full scope of the last reform’s effect on the…
