Low Demand To Date for Specialized PTAB
The new post grant patentability trials of the America
Invents Act (AIA) are designed to serve as alternatives to costly patent
litigation. One of the new post grant options is the very specialized...
Competing Bills Target Patent Troll Business Model
Congress has gotten the patent troll memo in a big way.
The political stage is being set for a summer of legislative festivities. Like
any good summer festival, Congress is separately establishing...
Final USPTO Initiative Retooled
Some pre-grant news of note this week. Last Friday the
USPTO announced the After Final Consideration Pilot Program 2.0 (Federal
Register Notice here ).
The revised pilot program modifies the initial concept...
11th Amendment Immunity from DJ Action Does Not Extend to USPTO
State university technology transfer programs enjoy immunity from declaratory judgment (DJ) actions of patent invalidity/non-infringement. This is because state entities qualify for 11th...
Failure to Consider AIA Patentability
Challenges May Be Costly Mistake for Law Firms
The face of patent litigation in the U.S. was forever
changed on September 16, 2012. This was the date the post grant
patentability trials of the America Invent's...
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...
Business executives routinely wrestle with whether to defend a patent infringement suit in court, settle the dispute for less than the cost/risk of defending it (especially in the case of patent "troll" suits), or seek the help of the USPTO...