Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged patent trial & appeal board · clear
Practical Impact of Joinder Practice, Stricter Estoppel 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 written decision…
In re Packard Inextricably Linked to Patent Examination Practices? Back in 2014, the Federal Circuit determined the standard for a USPTO indefiniteness analysis in In re Packard ( here ). This standard was more deferential to the agency as compared to the…
Last month, the Federal Circuit made clear that Article III standing is necessary for petitioners to appeal from adverse decisions in AIA trial proceedings in Phigenix, Inc. v. ImmunoGen, Inc. ( here ) The Phigenix decision follows an earlier decision ,…
Burden of Production on Article III Standing to Bolster 315(b) Disputes at CAFC? Two weeks back, the Federal Circuit made clear that Article III standing is necessary for petitioners to appeal from adverse decisions in AIA trial proceedings. Phigenix, Inc.…
