Joint Motions to Terminate Patent Reviews Late in Trial Proceedings
One of the advantages of patent reviews under the America Invents Act is that the parties may settle before completion of the proceedings and file a joint motion to terminate these proceedings. The...
View ArticleSAP’s Cert Petition Denied by Supreme Court in Versata Patent Infringement Suit
In earlier posts, I described the $391 million patent infringement judgment awarded to Versata for SAP’s alleged infringement of US Pat. 6,553,350. I also detailed SAP’s attempts to avoid the judgment...
View ArticleBoard Proposes Solution for Petitioner if Expert Witness Not Available for...
In current post-grant practice, most petitions are accompanied by an expert declaration to support the assertions made by the petitioner. If the petitioner successfully obtains institution of a patent...
View ArticlePatent Office Board Clarifies Petitioner Role for Single Petition by Several...
A petition for covered business method review, inter partes review, or post-grant review may be filed on behalf of of several different parties and real parties in interest. Typically, such filings...
View ArticleUSPTO Statistics Show Inter Partes Patent Reviews are Frequently Settled...
The U.S. Patent Office regularly posts statistics on post-grant proceedings such as inter partes review and covered business method patent review. An excerpt of PTAB statistics for February 13, 2014...
View ArticleJoin Me in San Francisco for PLI’s Post-Grant CLE Program on April 28
I will be presenting at PLI’s “USPTO Post-Grant Patent Trials 2014″ CLE Program on April 28th with a number of other post-grant practitioners. Please join us there or attend via webinar! — Timothy...
View ArticleSee You at the AIPLA 2014 Spring Meeting!
I am presenting at the AIPLA Spring Meeting on May 15, 2014 in Philadelphia and hope to see you there. My task is to provide strategies for filing inter partes reviews, covered business method reviews...
View ArticleLex Machina’s 2013 Patent Litigation Report Shows Disparity Between Litigated...
Litigation and post-grant proceedings often go hand-in-hand. A new litigation report published by Lex Machina summarizes patent litigation data for 2013 and prior years. It is an interesting report...
View ArticleThe Settlement Effect of PTAB Proceedings and Recent Patent Office Trial...
December 29, 2014 The Patent Trial and Appeal Board (PTAB) released statistics for AIA Patent Office trials as of Dec. 18, 2014. Different commentators have recently reported that the institution rate...
View ArticleTarget Wins Rehearing of IPR Joinder Decision with Expanded Panel
Last fall, the Patent Trial and Appeal Board (PTAB or Board) interpreted the IPR joinder provision, 35 U.S.C. § 315(c), to require joinder requests by a non-party to an ongoing proceeding. (Target...
View ArticleFederal Circuit Reinforces PTAB’s Authority to Institute Trial on Selected...
Newcomers to post-grant proceedings are often surprised by the PTAB’s claim-by-claim approach to patent challenges under the America Invents Act. When reporting statistics about IPRs, commentators...
View ArticleNew PTAB Trial Practice Rules Effective May 2, 2016
On April 1, 2016 the PTO published its final rule on Amendments to the Rules of Practice for Trials Before the Patent Trial and Appeal Board. A small correction to these Amendments was published on...
View ArticleThanks to IAM for the Global Leaders 2020 Designation
In case you are interested in a recent interview IAM conducted about US patent law and post-grant activities, the link with my comments is here. Thanks to IAM for the Global Leaders 2020 award. To...
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