Ex Parte Yudoovsky: Petitions Are (Sometimes?) Unnecessary to Traverse...
The Board of Patent Appeals and Interferences did something fascinating in Ex Parte Yudoovsky. The Board sua sponte declined to consider an unauthorized new ground of rejection—even though the...
View ArticleDo Patent Applicants have a Chance at the CAFC?
Do patent applicants appealing a rejection of their claims from the Patent Trial and Appeals Board have a chance of success at the Court of Appeals for the Federal Circuit? What about patentees...
View ArticleKappos on Patent Trial and Appeal Board Trial Proceedings
Kappos explained that the PTAB has started and will continue, in at least some cases, to issue shorter per curiam decisions, which will allow them to decide more cases and move through the backlog....
View ArticleDid the PTAB Just Kill Software Patents?
Under what authority does the PTAB ignore specifically recited structure? The authority that the PTAB seems to be relying on to ignore claim terms is unclear and not explained in the opinion in any...
View ArticlePatent Turmoil: Navigating the Software Patent Quagmire
Despite the turmoil surround software patent eligibility I believe with great certainty that software will remain patent eligible in the United States. The extreme decisions of the PTAB and viewpoints...
View ArticleThe America Invents Act “Mini-Trials” are the Next Battleground for Resolving...
There is a battle cry against abusive litigants in the patent industry. Among the tactics suggested is a “loser pays” system to try to mirror Europe, where this type of abuse is minimal. The...
View ArticleNavigating Post Grant Challenges after the AIA
As evidenced by the numbers above, the Board takes as many cases as they reasonably can within the statute. If there’s a good case to be made that a case could be litigated in PTAB, it’s usually...
View ArticleInter Partes Review: Who is a “Privy” of the Petitioner?
There is a time limit for preventing certain petitioners from initiating an IPR proceeding against a patent, and there is currently a petition for writ of mandamus to the Federal Circuit as to the...
View ArticleThe PTAB Roadblock to Patent Monetization
The “new normal” created by the PTAB has drastically altered the patent assertion landscape. Simply stated, when a patent owner is notified that a patent they own is being brought into a post grant...
View ArticleInter Partes Review: Overview and Statistics
When a patent is challenged by an IPR the challenge must be taken very seriously. Patent Office statistics for FY 2013 and FY 2014 through January 31, 2014, show that there have been a total of 361...
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