PTAB Procedural Reform Initiative
VIA USPTO: [T]he USPTO is launching an initiative to use nearly five years of historical data and user experiences to further shape and improve Patent Trial and Appeal Board (PTAB) trial proceedings,...
View ArticleGenerics Successful at Invalidating Novartis Gilenya Patent
by Dennis Crouch Novartis v. Torrent Pharma, Apotex, and Mylan (Fed. Cir. 2017) At the conclusion of its Inter Partes Review (IPR) Trial, the Patent Trial & Appeal Board (PTAB) found all claims of...
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Broad Estoppel After Failed IPR: What Prior Art “could have been found by a...
by Dennis Crouch Douglas Dynamics v. Meyer Prods (W.D. Wisc 2017) [2017-04-18 (68) Order re post IPR invalidity defenses].After Douglas sued Meyer for infringing its U.S. Patent No. 6,928,757 (Snowplow...
View ArticleCourt-Agency Allocations of Power and the Limits of Cuozzo
Guest post by Saurabh Vishnubhakat, Associate Professor at the Texas A&M University School of Law and the Texas A&M College of Engineering. Although Prof. Vishnubhakat was an advisor at the...
View ArticleOff-Book Claim Constructions: PTAB Free to Follow its Own Path
Intellectual Ventures v. Ericsson (Fed. Cir. 2017) In a non-precedential decision, the Federal Circuit has rejected IV’s procedural due process claim against the PTAB – holding that the PTAB is free to...
View ArticleInterpreting the Interpretation of the Broadest Interpretation
By Dennis Crouch Nestle USA v. Steuben Foods (Fed. Cir. 2017) (nonprecedential) In its final written decision, the PTAB sided with the patentee – holding that IPR-challenged claims were not obvious....
View ArticleIPR Petition Response => Claim Construction Disclaimer
Aylus Networks v. Apple (Fed. Cir. 2017) The court here holds that claim construction “prosecution disclaimer” applies to statements made by the patentee in a preliminary response to an IPR proceeding....
View ArticleSAS Institute Inc. v. Lee: Challenging Partial Institution
The Supreme court has relisted SAS Institute Inc. v. Lee, 16-969 – an important step in the progress toward grant of certiorari. The inter partes review case presents the following question: Whether...
View ArticleSAS Institute v. Lee: Partial Institution of Inter Partes Review
by Dennis Crouch The Supreme Court has agreed to hear a new AIA-trials case: SAS Institute v. Lee The inter partes review appeal focuses on the procedural question of whether the America Invents Act...
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Chisum on IPR Initiation
In an email distribution regarding their upcoming Chisum Patent Academy, Don Chisum and Janice Mueller opine on the upcoming Supreme Court case of SAS v. Lee. They write: The Court will address, at...
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