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
Since the creation of the Patent Trial and Appeal Board as part of the America Invents Act on Sept. 16, 2012, the PTAB trial proceedings have become an increasingly popular venue for parties seeking to challenge patents....more
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
4/21/2015
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Young Lawyers
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 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
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
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
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
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