Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged patent trial & appeal board · clear
High Court to Review Constitutionality of AIA Trials The Supreme Court has had at least three occasions over the past 7 months to review the constitutionality of AIA trial proceedings — it declined all three invitations. Thus, the writing appeared to…
Preliminary Responses Accompanied by Declaration Evidence: Updated Results Back on May 1st of 2016, the Patent Trial & Appeal Board (PTAB) began to accept new testimonial evidence with patentee preliminary responses. The PTAB implemented this change to…
Focus of CBM Standing Analysis: Claim Language Yesterday, the Federal Circuit denied en banc review in Secure Axcess LLC v. PNC Bank National Assoc., et al. The rehearing request sought a full court review of America Invents Act (AIA) Sec. 18's…
Recent Decision out of EDTX First to Get PTAB Estoppel Provision Correct IPR estoppel is established under 35 U.S.C. § 315(e)(2), which provides that “the petitioner in an inter partes review of a claim in a patent . . . that results in a final…
"All or Nothing" PTAB Institution Practice Coming Soon? Today, the Supreme Court granted certiorari in SAS Institute Inc., v. ComplemenSoft LLC. As previously explained , SAS argues that partial PTAB trial institutions are inconsistent with the…
Public vs. Private Rights: Another PTAB Distraction We all remember the " Great BRI Debate " that was Cuozzo Speed Techs., LLC v. Lee, 136 S. Ct. 2131, 2143–44 (2016). PTAB critics argued that the Board's "broadest" claim…
"Under This Section" a Limitation on the Scope of 314(d) Appeal Bar? In today's en banc argument ( audio here ) the Federal Circuit considered the whether it should overrule Achates Reference Publishing, Inc. v. Apple Inc., 803 f . 3d 652…
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…
Technical Findings of PTAB Increasingly Leveraged in Parallel Court Proceedings Patent challenge proceedings of the USPTO's Patent Trial & Appeal Board (PTAB) are designed to provide a low cost, expedited option to district court litigation. Of course,…
Excess of Jurisdiction vs. Agency Discretion Earlier this week, the CAFC denied en banc rehearing in Google v. Unwired Planet. While the denial was largely expected, Judge Hughes' concurrence foreshadows the debate to come in WiFi One . That debate, at…
Preliminary Responses Accompanied by Declaration Evidence: Updated Results Back on May 1st, the Patent Trial & Appeal Board (PTAB) began to accept new testimonial evidence with patentee preliminary responses . The PTAB implemented this change to address…
How Long is the Rehearing Wait? A Petition for Rehearing may be filed in an AIA Trial Proceeding to challenge an Institution Decisions (ID) or a Final Written Decision (FWD) of the Patent Trial & Appeal Board (PTAB). Of course, a successful Petition for…
