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Centuries of Precedent are Little Help as IPR Constitutionality Divides Justices

This morning the Supreme Court heard arguments in the heavily anticipated case of Oil States Energy Services, LLC v. Greene’s Energy Group, LLC on the question of whether AIA trials at the patent office, such as inter partes...more

Patent Owners Now Estopped From Relying On PTAB Estoppel

A recent Federal Circuit decision on a writ of mandamus as to the scope of the estoppel provided in 35 U.S.C § 315(e) appears to be contrary to the scope that practitioners and the legislators had in mind when the America...more

Indefiniteness Before the PTAB [Video]

Recent years have seen an increase in the number of post-grant decisions on the issue of indefiniteness. What does this mean for patent owners and petitioners? Attorneys Seth Northrop and Cyrus Morton discuss the Patent Trial...more

Collaborating Before The PTAB [Video]

One of the most important decisions that a patent defendant must make is whether to join with other co-defendants in America Invents Act (AIA) proceedings before the Patent Trial and Appeal Board. Attorneys Seth Northrop and...more

Is The Deck Stacked Against Patent Owners In The PTAB? [Video]

Two years after the creation of the America Invents Act post-grant proceedings, many patent owners are facing an uphill battle when attempting to defend their intellectual property before the Patent Trial and Appeal Board...more

IP|Trend: Inter Partes Review: What to Consider When Filing Your Petition [Video]

Inter partes review (IPR) process is now over two years old. What did we learn from the process and procedures, and what has and hasn’t worked? Attorneys Seth Northrop and Cyrus Morton discuss the issues that parties should...more

Inter Partes Review: Validity Before the PTAB [Video]

The PTAB is beginning to develop a reputation as being harsh towards patent owners and the validity of their patents. Why have patent owners struggled so much before the PTAB? Attorneys Seth Northrop and Cyrus Morton discuss...more

Surviving Inter Partes Review: Good Experts Are Key

Inter partes review and covered business method review (collectively IPR) proceedings have now settled in as a new strategic tool for invalidating asserted patents. The early cases that have worked through to a final written...more

IP|Trend: Inter Partes Review: Is it Litigation or Something Else? [Video]

For two years we’ve seen the inter partes review process play out. What are the procedures like? Does it look like litigation or more like a foreign planet that IP litigators would not recognize? Attorneys Cyrus Morton and...more

The Art of Communicating to a Jury [Video]

Whether it’s business, politics or in the courtroom, knowing your audience is essential to success. This is particularly important in intellectual property law because the issues being communicated are often highly complex....more

Is the PTAB a Death Sentence for Patent Rights?

In September 2012, inter partes review (IPR) and covered business method (CBM) patent review procedures launched at the Patent Trial and Appeal Board (PTAB). Proponents of these processes believed that a PTO-affiliated forum...more

Interpartes Review: Is it Right for You? [Video]

The America Invents Act (AIA) created a number of changes in how we obtain and enforce patents. But perhaps more substantially it changed the way that individuals can challenge the validity of patents. The AIA created a...more

Three Reasons PTAB Litigation Costs More Than We Thought

The America Invents Act (AIA) has been in effect from more than a year and half. Now, many have begun to ask if the patent office trials the AIA created are living up to their promise of lowering patent litigation costs and...more

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