Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged ptab · clear
Inconsistency Across Related Cases is Precluded When challenging related patents at the Patent Trial & Appeal Board (PTAB), it is not uncommon to present similar grounds of unpatentability across related filings— for example, where the claim sets are…
Agency Left to Defend Unsettled Legacy Upon taking the reins at the USPTO, Director Iancu made clear that he believed the Patent Trial & Appeal Board (PTAB) was cancelling too many patent claims in AIA trial proceedings. Of course the PTAB was simply…
SIPCO, LLC v. EMERSON ELECTRIC CO. Before O’Malley, Reyna, and Chen. Appeal from the Patent Trial and Appeal Board. Summary: The Board’s determination that a patent qualifies for CBM review is non-appealable under 35 U.S.C. § 324(e).…
Joinder Estoppel Narrower Than Original Petition Estoppel Court’s have struggled with the meaning of the “reasonably could have raised” aspect of 315(e)(2) IPR estoppel . The CAFC has not had much opportunity to weigh in on this…
PTAB Seeks Public Input Based on stakeholder feedback, the Patent Trial and Appeal Board (PTAB) has added an online form ( here ) to the USPTO website that allows any member of the public to nominate any PTAB decision for precedential or informative…
Transitional CBM Challenge Program Sunsets Today The America Invents Act (AIA) placed an expiration date on Covered Business Method (CBM) challenges. That is, CBM review proceedings were designed as a “transitional program” that would sunset 8…
SECURITY PEOPLE, INC. v. IANCU Before Lourie, Wallach, and Hughes. Appeal from the United States District Court for the Northern District of California Summary: Congress foreclosed the possibility of Administrative Procedure Act (APA) review of an Inter…
The PTAB has been grappling with how to manage IPR petitions for patents that are also being challenged in federal district court, particularly when the district court is set to determine the patent validity prior to the PTAB’s final written…
If the PTAB Fee Model is Biased, Patent Owners Have Much Bigger Problems Recently, a due process challenge has been raised to the PTAB fee model in New Vision Gaming v. SG Gaming Inc. The argument, in a nutshell, is that because the fees for AIA trial…
FANDUEL, INC. v. INTERACTIVE GAMES LLC Before Dyk, Moore, and Hughes. Appeal from the Patent Trial and Appeal Board. Summary: The Board does not violate the Administrative Procedure Act (APA) if it institutes trial and then reconsiders the substantive…
AUSTRALIAN THERAPEUTIC v. NAKED TM, LLC Before O’Malley, Reyna, and Wallach. Appeal from the Trademark Trial and Appeal Board Summary: Standing to Challenge A Registered Mark at the TTAB Does Not Depend on the Challenger’s Proprietary Right to…
Delaware Cases Slipping 4-6 Months The practice of denying AIA trial petitions in view of competing district court trial dates has brought some negative attention to the Patent Trial & Appeal Board (PTAB) over the past few months . At the same time, patent…
