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Past and Future: How Prior IPR Representations Can Haunt Your Future Patent Infringement Complaint

Judge Albright of the U.S. District Court for the Western District of Texas granted, in part, Meta Platforms, Inc.’s (“Meta”) 12(b)(6) motion to dismiss (“Motion”) in Grecia Estate Holdings LLC v. Meta Platforms, Inc....more

PTAB Precedential Decision Clarifies When a Wire Transfer “Payment Is Received” by the Board

The Patent Trial and Appeal Board (PTAB) Precedential Opinion Panel (POP) recently issued a precedential decision clarifying when a wire transfer “payment is received” via the Federal Reserve Fedwire System (Fedwire)....more

While Tempting, PTAB Requests for Rehearing Face Long Odds

When the PTAB renders a decision, one of the parties is almost certain to be unhappy. Providing appropriate advice in the face of an undesired outcome requires an understanding of the odds of changing the outcome. This...more

Buyer Beware: Post-Facto Mergers a New Potential IPR Killer

Overturning prior PTAB precedent, the Federal Circuit has now held that post-facto business mergers that create a new real-party-in-interest (“RPI”) trigger the one-year bar date for filing IPR petitions on patents asserted...more

Significant Jump in PTAB "Split Decisions"

The PTAB helpfully provides statistical data on the outcomes of AIA post-grant proceedings, including IPRs, CBMs, and PGRs. Current and historical statistics are available... While the types of data reported and the report...more

SAS "Ground" Rules

In a quartet of recent decisions, the Federal Circuit has confirmed that SAS Institute extends beyond mandating the inclusion of all claims when trial is instituted, and extends to all grounds as well. These decisions confirm...more

Reduced Scope of Post-IPR Estoppel Imperils Litigation Stays

In Depomed, Inc. v. Purdue Pharma LP et al., 3-13-cv-00571 (NJD November 4, 2016, Mem. Op. Dkt. 238) (Bongiovanni, MJ), the Court analyzed and applied recent Federal Circuit decisions limiting the scope of post-IPR estoppel...more

PTAB Post-Grant Fees Slated To Increase

The USPTO recently announced a proposed new fee schedule in a Notice of Proposed Rulemaking (NPRM) in search of revenue to recover its projected $3 billion aggregated operating costs for the 2017 fiscal year. If enacted, it...more

Rolling the Dice on Foreign Depositions in IPR Proceedings

In litigation, it is not uncommon for depositions to be taken outside the United States, particularly when a given witness resides outside the United States and cannot or does not wish to travel to the United States. In IPR...more

A Perfect Storm for Automotive Patent Disputes?

As the automotive industry rebounds from its recessionary levels to an all time record level of spending on vehicles and healthy profitability, one of the key drivers of the increased vehicles sales has been increased...more

Six Tips for Demonstratives in PTAB Hearings

Oral hearings before the PTAB are the time to shine, to convince the judges why your position is right, why your opponent’s position is wrong, and to address questions head-on and reassure the judges regarding any real or...more

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