Patents Post-Grant: Post Grant Fee Structure a Boon for Patent Trolls?

Modern Patent Troll Business Model Insulated from New Post Grant Challenges Roughly two weeks ago the USPTO published the last of the Post Grant related rule packages established by the America Invents Act (AIA). The rule packages propose hefty filing fees for both Post Grant Review (PGR) and Inter...

Patents Post-Grant: Patent Troll Advantage to End In Texas?

By: Scott A. McKeown and Greg Gardella The ED Tex Conundrum Presented by Inter Partes Review The Eastern District of Texas is a favorite forum of patent trolls in substantial part because its judges have demonstrated a substantial disinclination to stay litigation pending reexamination. Many presume...

Patents Post-Grant: Multi-Defendant Troll Suits to Drive Joinder Filings at PTAB

By Scott A. McKeown and Greg Gardella Stayed Litigations to Drive Joinder Practice Inter partes reviews (IPRs) are now understood to be effective tools for parties defending against patent infringement suits filed by non-practicing entities , sometimes called "patent trolls." Typically...

Settlement Stats Show Trolls Fleeing PTAB Patent Challenges

Early Statistics Show NPEs Seeking Escape Hatch from PTAB The Patent Trial & Appeal Board (PTAB) has the power to terminate an Inter Partes Review (IPR), Post Grant Review (PGR), or Transitional Proceeding for Covered Business Method Patents (CBM) upon request of the parties. This discretionary...

Medical Technology Patents at the PTAB

IPR…Not Just For Trolls With Congress on the verge of passing still more legislation directed at alleviating the dreaded “patent troll” problem, perhaps Congress should pause to consider what has already been accomplished over the last 18+ months. As pointed at by Gene Quinn at...