On the same day that patent challengers breathed a sigh of relief once the Supreme Court upheld the constitutionality of inter partes review (IPR) in Oil States, the Court also threw a monkey wrench into the way IPRs will be...more
On February 23rd, 2018, a panel of the Patent Trial and Appeal Board (PTAB or “Board”) decided that: (1) Indian tribal sovereignty did not apply to post-grant proceedings established under the America Invents Act (AIA) and...more
Earlier this week, the Federal Circuit narrowed the types of patents eligible for covered business method (CBM) review. In Unwired Planet, LLC v. Google Inc., Case No. 15-1812, (Fed. Cir. Nov. 21, 2016) (“Unwired Planet”),...more
The United States Supreme Court decided today that: (1) the United States Patent and Trademark Office (PTO) acted within its rulemaking authority by adopting the rule that patent claims must be given their “broadest...more
6/21/2016
/ Administrative Proceedings ,
America Invents Act ,
Appeals ,
Broadest Reasonable Interpretation Standard ,
Chevron Deference ,
Claim Construction ,
Cuozzo Speed Technologies v Lee ,
Final Judgment ,
Inter Partes Review (IPR) Proceeding ,
Judicial Review ,
Patent Trial and Appeal Board ,
Patents ,
SCOTUS ,
Standard of Review ,
USPTO
The Survey Says: Tiffany Is Not Generic for A Ring Setting -
Last month, the Southern District of New York granted summary judgment to Tiffany & Co. on its trademark infringement claim against Costco Wholesale...more
10/8/2015
/ Abuse of Dominance ,
Abuse of Process ,
America Invents Act ,
Apple v Samsung ,
China ,
Costco ,
Covered Business Method Patents ,
Covered Business Method Proceedings ,
European Court of Justice (ECJ) ,
Fair Use ,
FRAND ,
Germany ,
Hedge Funds ,
Injunctive Relief ,
Inter Partes Review (IPR) Proceeding ,
IP License ,
Judicial Review ,
Microsoft ,
Monopolization ,
Motion for Sanctions ,
Motorola ,
Patent Infringement ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Penalties ,
SAIC ,
Standard Essential Patents ,
Summary Judgment ,
Tiffany and Company ,
USPTO ,
Versata
The Patent Trial and Appeals Board (PTAB) dismissed Celgene Corporation’s (“Celgene”) motions for sanctions against the Coalition for Affordable Drugs (“the Coalition”).
As we previously reported, the Coalition is an...more
In This Issue:
- En Banc Federal Circuit Abandons “Strong” Presumption That a Limitation Is Not Subject to 35 U.S.C. § 112, Paragraph 6
- Supreme Court Rejects Belief of Invalidity Defense for Inducement in...more
7/8/2015
/ Cisco v CommilUSA ,
EU ,
European Patent Convention ,
European Patent Office ,
First Amendment ,
Free Speech ,
Induced Infringement ,
Inter Partes Review (IPR) Proceeding ,
Japan ,
Japan Patent Office ,
Lanham Act ,
Means-Plus-Function ,
Motion to Amend ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patent Oppositions ,
Patent Trial and Appeal Board ,
Patents ,
Redskins ,
SCOTUS ,
Unified Patent Court ,
Unitary Patent
On June 5, 2015, a three-judge panel at the Patent Trial and Appeal Board (“PTAB”), granted a motion to amend in an inter partes review (“IPR”) proceeding, ruling that the patentee Neste Oil Oyj (“Neste”) could amend the...more
In a recent order, the Patent Trial and Appeals Board (PTAB) indicated that it will consider a motion for sanctions based on a claim of “abuse of process” in Inter Partes Review (IPR) proceedings filed by the Coalition for...more
In This Issue:
- Federal Circuit Affirms PTO in First Appeal of an Inter Partes Review Decision
- EU Copyright: No Resale of Digital Content Except for Software?
- Qualcomm Agrees to $975 Million Fine and...more
4/13/2015
/ Broadest Reasonable Interpretation Standard ,
China ,
Copyright ,
EU ,
Fraud ,
International Trade Commission (ITC) ,
Jurisdiction ,
Patent Trial and Appeal Board ,
Patents ,
Qualcomm ,
Standard Essential Patents ,
Trademarks
Although an inter partes review (IPR) can be a powerful weapon to challenge a patent, it comes with a key limitation: a petition for IPR cannot be filed more than one year after the requester has been "served with a complaint...more