NPEs Unwittingly Invite Lopsided Battles at PTAB

Stay Calculus to Encourage Multi-Defendant Attacks As the new patentability trials of the America Invents Act (AIA) have only been available for 7 months, their impact is only now beginning to be felt in the district courts. The new USPTO Patent Trial & Appeal Board (PTAB) proceedings permit...

Should You Request a Rehearing of Your PTAB Trial Order?

Requests for Rehearing May Backfire on Patentees As detailed earlier this week, a patentee's decision to file a preliminary response in an IPR/CBM preliminary proceeding is not as straightforward as one would expect . Where such a preliminary response is imprudently pursued by a patentee this...

Speed of PTAB Fuels Criticism of Initial Trial Results

Critics Ignore Long Standing Realities Critics of the Patent Trial & Appeal Board (PTAB) are out in force decrying the work of the PTAB as anti-patent. This criticism flows from the unfavorable outcomes of the 30 or so concluded Inter Partes Review (IPR) and Covered Business Method (CBM) proceedings...

PTAB Receives First PGR Petition

First PGR Petition Argues Patent is FITF Based on 112 Deficiency Last week, the first petition for Post-Grant Review was filed with the Patent Trial & Appeal Board (PTAB) (PGR2014-00008). The petition targets U.S. Patent 8,684,420, which is directed to a craft kit for making linked bracelets...

PTAB Triples in Size Since 2011

AIA Trials Drive PTAB Growth to 235+ Judges The Patent Public Advisory Committee (PPAC) held its quarterly meeting last week at USPTO headquarters in Alexandria Virginia. Updates from the USPTO included a report from the Patent Trial & Appeal Board (PTAB) on appeal and AIA trial proceedings. Much...

Leveraging PTAB Claim Analysis in the District Court

PTAB Claim Analysis Can Serve as Persuasive Authority Inter Partes Review (IPR), Post-Grant Review (PGR) and Covered Business Method (CBM) proceedings of the Patent Trial & Appeal Board (PTAB) begin with a Trial Order that includes substantial guidance on matters of claim construction. Typically...

PTAB Divided Over Practice of Issue Joinder

Expanded Panel at Odds Over Statutory Interpretation of § 315(c) Yesterday, the Patent Trial & Appeal Board (PTAB) issued a rare expanded panel Order in Target Corp. v. Destination Maternity Corp ., (IPR2014-00508) ( here ). In the Order, a divided panel denied issue joinder under 35 U.S...