Patents Post-Grant: Perceived Patent Reexamination Misstep Haunts Plaintiff

A successful reexamination from a defendant perspective does not always result in an overt claim change or cancellation. In other words, even where claims are confirmed, statements in the reexamination record that are inconsistent with arguments made in a concurrent litigation may provide key evidence...

Post Markman IPR Filing Displeases Court

Tactical Advantage Found in IPR Timing The primary business distinctions between the USPTO Patent Trial & Appeal Board (PTAB) proceedings and traditional court based patent invalidity proceedings are the vast improvements in cost, predictability, effectiveness, and speed of PTAB proceedings...