Summary: The General Plastic factors used to determine whether the PTAB will exercise its discretion to deny a follow-on IPR petition can weigh against institution even if the follow-on petition is filed by a different...more
Federal Circuit Summaries -
Before Dyk, Bryson, and Reyna. Appeal from PTAB, remanded from the Federal Circuit, en banc.
Summary: Time-bar does not apply to IPR petitioner through privity with a district court...more
Federal Circuit Summaries -
Before Moore, Wallach, and Stoll. Appeal from the Patent Trial and Appeal Board.
Summary: The PTAB is entitled to weigh the credibility of expert witnesses, and attorney argument cannot be...more
In wake of the Federal Circuit’s Wi-Fi One decision, the PTAB has designated two of its decisions as informative on the issue of IPR petition timeliness under § 315(b). This statute provides that an IPR may not be instituted...more
1/18/2018
/ § 315(b) ,
Amended Complaints ,
Filing Fees ,
Inter Partes Review (IPR) Proceeding ,
Judicial Review ,
Motion to Amend ,
Non-Appealable Decisions ,
Patent Filings ,
Patent Infringement ,
Patent Trial and Appeal Board ,
Patents ,
Time-Barred Claims
The PTAB denied institution of Covered Business Method (CBM) Review, finding that the parties’ license agreement and covenant not to sue removed any “imminent” threat of an infringement suit. MasterCard International Inc., v....more
The Supreme Court granted a petition for writ of certiorari to address whether inter partes review – an adversarial process used by the Patent Office to determine the validity of existing patents – is unconstitutional in Oil...more
6/14/2017
/ Administrative Proceedings ,
America Invents Act ,
Appeals ,
Article III ,
Certiorari ,
Constitutional Challenges ,
Covered Business Method Proceedings ,
Inter Partes Review (IPR) Proceeding ,
Oil States Energy Services v Greene's Energy Group ,
Patent Invalidity ,
Patents ,
Post-Grant Review ,
Private Property ,
Public Property ,
Right to a Jury ,
SCOTUS ,
Seventh Amendment ,
USPTO
Petitioner Unified Patents, LLC filed an IPR petition challenging 29 claims of US Pat. No. 8,640,183 owned by Convergent Media Solutions, LLC. Unified’s numerous inter partes review (“IPR”) petitions rarely reach a final...more