Congresswoman Lofgren Sends Letter to USPTO Director Iancu Opposing Proposed Changes to Claim Construction Rule at PTAB – IPWatchdog.com | Patents & Patent Law
Congresswoman Lofgren is now opposing a rule change she previously endorsed as an original co-sponsor of a bill that would have changed the claim construction rule in exactly the same way proposed by Director Iancu… But how is adopting a rule that would have already been the law had Lofgren had her way possibly frustrate or disregard Congress?
After TCL lost its IPRs against Ericsson in a written decision at PTAB, it was barred from filing subsequent IPRs against the ‘510 patent. TCL was then hit with a very large verdict. Four months after the verdict the same patent is challenged at the PTAB again by a consortium that has some relationships to TCL.
Ericsson petitioned for inter partes review of the ‘408 patent, and PTAB held it valid. Without separately analyzing the challenged dependent claims, PTAB held claim 1 was not anticipated or obvious. Substantial evidence did not support a ruling that where testimony of an expert is plainly inconsistent with the record.
Petitioner Has Standing to Appeal PTAB Decision Where Litigation is Inevitable – IPWatchdog.com | Patents & Patent Law
Petitioner has standing to appeal a PTAB decision, where petitioner intended to file an ANDA for the patented product as soon as possible. Although in the future, the threat of an inevitable infringement lawsuit constitutes a real and imminent injury sufficient to establish standing.
The petitioner in an inter partes review is master of its complaint and is entitled to judgment on all claims raised, not just those the decisionmaker might wish to address. Therefore, the Board must decide validity of every challenged claim when it agrees to institute inter partes review of any one challenged claim.
Along with class-action lawsuits and hedge-fund activism, a patent dispute is sand in the gears of commerce: costly, time-consuming and distracting. Tuesday’s Supreme Court patent decision in Oil States Energy Services LLC v. Greene’s Energy Group LLC is a reminder of just what a mess the patent system has become.
WASHINGTON (Reuters) – The U.S. Supreme Court on Tuesday gave its stamp of approval to a government review process prized by high technology companies as an easy and cheap way to combat “patent trolls” and others that bring patent infringement lawsuits. The justices ruled 7-2 that a type of in-house patent review at the U.S.
SCOTUS says Patents are a Government Franchise, Not a Vested Property Right – IPWatchdog.com | Patents & Patent Law
While there has been much optimism due to the arrival of USPTO Director Andrei Iancu and his recent speeches signaling he understands the U.S. patent system must move along a different path, it is impossible to think that one man will be able to correct the collective mistakes of 535 elected Members of Congress and 9 ivy league educated jurists who seem convinced that forfeiting America’s patent system is somehow what the Constitution demands.
Often, PTAB challenges are threatened by an accused infringer to successfully settle the dispute with the patent owner. Often, no PTAB petition is ever filed. Many valuable and infringed patents are not asserted because of the threat of PTAB challenge. Everyone knows the extreme threat of a PTAB challenge.
The Patent Trial and Appeal Board has issued a ruling [PDF] invalidating claims from US Patent No. 6,690,400, which had been the subject of the June 2016 entry in our Stupid Patent of the Month blog series. The patent owner, Global Equity Management (SA) Pty Ltd. (GEMSA), responded…
A U.S. appeals court on Wednesday instructed a U.S. patent tribunal to hold off on deciding the validity of patents covering Allergan PLC’s drug Restasis, saying it first wanted to consider the novel jurisdictional issues raised by Allergan assigning the patents to a Native American tribe.
PTAB Not Required to Consider New Evidence or Arguments at Oral Argument – IPWatchdog.com | Patents & Patent Law
The Board is not compelled by Federal Circuit precedent or PTO guidelines to consider arguments and evidence presented for the first time during oral argument. However, if the Board does consider new arguments or evidence, the responding party must be given an opportunity to submit rebuttal arguments and evidence.
Law Professor Notes PTAB’s Decision on Sovereign Immunity Goes Well Beyond the Constitution – IPWatchdog.com | Patents & Patent Law
In a 20-part Twitter post, Jacob S. Sherkow, an associate professor of law at New York Law School. Sherkow noted that the PTAB could have narrowly crafted its decision to focus on the licensing agreement between St. Regis and Allergan if it was going to decide that St.
A federal appeals court on Monday said patent owners can appeal determinations by the Patent Trial and Appeal Board that inter partes review proceedings were commenced within the statute of limitations.