Patentee Tactic for Looming PTAB Patent Challenges

Preemptive Filing May Provide More Patentee Flexibilty in Amending Prior to the AIA, some patentees would preemptively challenge their own patents in an ex parte reexamination proceeding in the hopes of staving off an imminent inter partes reexamination challenge . The thinking was that since the...

Top 5 Reasons for Non-Compliant IPR Petitions

The First Year of PTAB Patentability Challenges Today marks the one year anniversary of the new patent challenge mechanisms of the America Invents Act (AIA). Over the past few months there have been many noteworthy rulings in the 550+ Inter Partes Review (IPR) proceedings and 50+ Covered Business...

Top 5 Mistakes in IPR Petition Drafting

Avoid These Litigation Inspired Drafting Errors One of the biggest misconceptions about the new patentability challenges of the America Invents Act (AIA) is the notion that these administrative trial proceedings are somehow analogous to district court litigation — nothing could be further from...

Discovery in IPR Proceedings, Much Ado About Nothing

Expectations of Significant PTAB Discovery Practices Prove Misguided When discussing Patent Trial & Appeal Board (PTAB) proceedings at CLE events, I am always fascinated by the degree of interest in PTAB discovery procedures. Parties to an Inter Parties Review (IPR) proceeding may obtain what...

Fitch Even IP Alert: Don't Get "Ahead of the Science" When Drafting Patent Claims, Says the Federal Circuit

by Michael E. Dukes . Last week, in Bayer Cropscience AG v. Dow Agrosciences LLC [ an enhanced version of this opinion is available to lexis.com subscribers ], the Federal Circuit held that the patentee "got ahead of the science" when it drafted its patent. Because the patent used an inaccurate...

2014 Update on PTAB Trial Statistics

Statistics Demonstrate Staggering Demand for PTAB Patent Challenge Proceedings Last week, the USPTO issued the official tallies/progress statistics for Inter Partes Review (IPR), Post Grant Review (PGR) and the Covered Business Method (CBM) proceedings. As of January 9, 2014 the Patent Trial &...