Blog Posts

IPR Successes: Cleaning Up Messes

APTWater makes water treatment systems that clean up polluted groundwater and wastewater.  You’ve probably never heard of APTWater.  I hadn’t, nor had a friend who lives near their headquarters and works on water issues. Of course, that didn’t stop a patent troll from suing APTWater over their wastewater treatment technology.   APTWater wasn’t the only one…

All My Excess (Venue) Leaving Texas

Yesterday afternoon, the Federal Circuit overturned the Eastern District of Texas’s test for venue.  Even after TC Heartland, patent trolls were trying to keep defendants in the Eastern District of Texas.  And in the first order issued by Judge Gilstrap, in a case called Raytheon v. Cray, it seemed like he was going to cooperate.…

IPR Successes: Trolls and Tolls

IPR Highway Sign

September marks the five-year anniversary of inter partes review (IPR), and Patent Progress is highlighting how successful the system has been at achieving its stated goals of increasing patent quality by providing a second look at invalid patents and decreasing costs by providing an efficient alternative to litigation.  Last week, I showed that, in those 5…

Inter Partes Review: Five Years, Over $2 Billion Saved

This Saturday, September 15, 2017, marks the five-year anniversary of the first filing of an inter partes review.  We’ve seen nearly 7,000 post-grant reviews filed since then, a Supreme Court case dealing with IPRs, and there are a pair of IPR Supreme Court cases up this term.  [Oil States] [SAS] Over the next few weeks,…

Why Pay For Delay When You Can Pay For Immunity

What do Seymour Cray’s high-performance computing research company SRC Labs and drug manufacturer Allergan have in common?  Both SRC Labs and Allergan sold patents to the Saint Regis Mohawk Tribe, then licensed them back from the tribe, in order to use tribal sovereign immunity to prevent challenges to their patents as invalid.

Now The ITC Is Banning Products Over Invalid Patents

Update: Dan Lang, who commented on this post below, has provided an expansion of the thoughts in his comment.  His detailed comments can be found here. The International Trade Commission (ITC) is supposed to protect U.S. industries from unfair foreign competition.  They’re supposed to consider the interests of the U.S. public.  But recently, it seems…

Andrei Iancu Nominated For PTO Director

On Friday, the Trump Administration nominated Andrei Iancu to be the next Director of the USPTO. Mr. Iancu has extensive experience in patent litigation.  This includes work on behalf of both patent owners, representing TiVo against a variety of companies, as well as defendants, including representing B/E Aerospace in litigation over aircraft toilet patents.  He…

It’s The Claim Language—Except When It Isn’t

Last week, the Federal Circuit handed down a decision in Visual Memory v. NVIDIA, deciding that the Visual Memory1 cache patents are patent-eligible under § 101. Unfortunately, in doing so the Federal Circuit makes the same mistake they’ve made a few times now—they’ve looked at the specification, not the claims, in order to justify finding…