Advantage Found in IPR Timing
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,
Senator Schumer Readies Second Round of Patent
Although many of the more significant changes to U.S.
patent law provided by the America Invents Act (AIA) are only months old,
Congress is already considering a re-calibration of these changes...
Stay Calculus to Encourage Multi-Defendant
As the new patentability trials of the America Invents
Act (AIA) have only been available for 7 months, their impact is only now
beginning to be felt in the district courts. The new USPTO Patent...
PTAB Selective on Trial Grounds
Having now completed the multi-city tour for the
Practicing Law Institute's USPTO Post Grant Patent Trials 2013 (on demand
program here ),
I am still struck by the degree of doom and gloom expressed by the patent...
Court Troubled by Own Inconsistent Precedent
As explained very recently by Director Kappos, the USPTO has a well established practice of applying a broadest reasonable claim interpretation (BRI) in proceedings before the USPTO. For this reason, Director...
New CBM Challenges to Derail Business Method Patent Assertions?
Last September 16th marked the one year anniversary of the enactment of the America Invents Act (AIA). This "patent reform" legislation introduced several new post grant avenues...
How Often Are Examiner Claim Confirmations Upheld in Inter Partes Patent Reexamination
For challengers in an inter partes patent reexamination (IPX), confirmation of patent claims by the examiner can pose a significant set back. That is to say, the...