LexisNexis® Legal Newsroom
Abusive Patent Litigation Practices Already More Difficult?

Congress Tinkers with Further Patent Reforms It seems Congress has chosen to ignore the significant impact the America Invents Act (AIA) has had on pure patent enforcement entities. There is simply no other rationale to explain why a new patent reform bill is contemplated by Congress near every week...

PTAB Speed Changes Court’s Mind on Motion to Stay Calculus

Court Cites Improved Speed of PTAB as Eliminating Potential Prejudice The primary business distinctions between the USPTO Patent Trial & Appeal Board (PTAB) proceedings and traditional court based patent invalidity proceedings are the vast improvements in cost, predictability, effectiveness, and...

Congress Debates USPTO Use of District Court Claim Construction Practices

Hearing to Consider Issues for Mark-up Although the Innovation Act ( H.R.. 3309 ) was only introduced last week, as expected , Congress is wasting no time pushing the “patent reform” issue forward. Today at 10AM the House Judiciary Committee will hold a hearing on the content of the Bill...

PTAB Begins Front Loading IPR & CBM Schedules

PTAB Begins Front Loading IPR & CBM Schedules The new patent challenge proceedings of the USPTO’s Patent Trial & Appeal Board (PTAB) are instantly distinguishable from the previous examiner-based, patent reexamination—perhaps most notably in speed. That is, an Inter Partes Review...

Post-Grant Proofing Your Patent Portfolio

PTAB Review Proceedings Force Change to Age Old Patent Prosecution Paradigm As Bob Dylan once warned, you better start swimmin’ or you’ll sink like a stone….the times they are a changin. ‘ While Bob clearly had some broader ranging social issues on his mind when he penned...

PTAB Popularity Undermines Push for Further Patent Reform

Patent Reform Has Been in the Hands of the Public Since September 2012 The last round of patent reform was enacted into law in 2011 as the America Invents Act (AIA). Along with the AIA came new patent challenge mechanisms that first became available to the public in September of 2012. These mechanisms...

PTAB Considers Unplugging Hedge Fund Filings

Hedge Fund IPR Scheme Unraveling Last week, the USPTO's Patent Trial & Appeal Board (PTAB) authorized a Motion for Sanctions in four IPR proceedings filed by the now infamous Kyle Bass & friends. The motion for sanctions will be based on an alleged abuse of process by Bass & Co. for...