USPTO Inter Partes Patent Challenge Statistics Remain Consistent
With two full years of Inter Partes Review (IPR) proceedings on the books, we now have an adequate sample of decisions—158 through 9/26/14. While most IPR decisions are still pending...
NPE Files Unsuccessful IPR Against Target
Over the years I have seen a handful of non-practicing entities (NPEs) pursue post grant challenges against the patents of their opponent. This “turning of the tables” by the NPE is an odd strategy...
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...
Past Three Months of PTAB Statistics Tell A Different Story
Last week, I explained that the institution rate of PTAB trials in Inter Partes Review (IPR) and Covered Business Method (CBM) proceedings had dropped, on average, by roughly 10 percentage...
Attorney Work Product in Unsuccessful IPR Challenges
Inter Partes Review (IPR) includes a statutory estoppel provision designed to prevent harassment of a patentee. The statute provides that an IPR challenger that fails to secure cancellation of a...
CAFC Finds SNQ Denial Not Subject to Appeal in Inter Partes Patent Reexamination
Back in March of 2011, an expanded panel of the Board of Patent Appeals & Interferences (BPAI) decided Belkin International et al., v. Optimumpath LLC . Belkin's...
Ex Parte Patent Reexamination Practices Adjusted to Account for Estoppel
new estoppel provisions of Inter Partes Review (IPR) and Post Grant
Review (PGR) differ from the previous estoppel provisions of inter partes
patent reexamination in...
Proposed Page Limits Based on Interference Model
As discussed previously, the fees proposed to initiate for Post Grant Review (PGR) and Inter Partes Review (IPR) may be too cost prohibitive for many filers . Yet, perhaps more troubling than the proposed...
Court Finds Clear & Convincing Invalidity Despite Previous USPTO Review
The USPTO applies the preponderance of the evidence standard in post-grant patent proceedings to assess patentability relative to applied prior art. For at least this reason...
Can Declaration Evidence be Considered "Written Comments"
Since the advent of inter partes patent reexamination (IPX), both Requesters and Patentees alike have relied upon declaration evidence to bolster their respective positions. Practically...
Enactment of America Invents Act to Change Inter Partes Patent Reexamination Practice Immediately
The USPTO is currently hard at work
preparing to implement and adapt agency practices to comport with the
various provisions of the Leahy-Smith America...
SNQ Review Options Vary Significantly Between Ex Parte & Inter Partes Patent Reexamination
As discussed back in March relative to inter partes reexamination, the
proper mechanism for seeking review of a denied Substantial New
Question Of Patentability...
Improved Speed For Overlooked Post-Grant Patent Options
Once upon a time, patent reexamination was the only mechanism to challenge a U.S. patent at the USPTO. First introduced as an ex parte proceeding in the 1980s, patent reexamination was expanded...
Draft Rules Released by USPTO to Transition to New Inter Partes Review Proceeding
Upon enactment of the America Invents Act on September 16, 2011, the USPTO was forced to change their previous SNQ based analysis for granting a request for inter partes...
From the USPTO :
Inter Partes Review, Post-Grant Review, and Covered Business Method Patents Addressed
Washington - The U.S. Department of Commerce's United States Patent and Trademark Office (USPTO) announced today [August 13th] that it...