Tag Archive for inter partes review

It’s The End Of The Podcast Patent And We Know It

In eagerly awaited news, the Federal Circuit affirmed the Patent Trial and Appeals Board (PTAB) determination that Personal Audio’s U.S. Pat. No. 8,112,504 is invalid based on an inter partes review petition from the Electronic Frontier Foundation (EFF). That’s right.  The podcast patent is dead.  And I feel fine. Stand(ing) Setting aside the merits of…

A Blackbird in Many Forms

You might recall a few months ago I wrote about Blackbird Technologies, an NPE with a novel approach to patent litigation.  Blackbird is a company owned by lawyers.  It buys patents from patent owners, apparently with a share of any litigation wins flowing back to the owner.  The lawyers who own Blackbird also litigate the…

Comments to the USPTO on AIA Trial Procedures

On July 6, the Computer and Communications Industry Association submitted comments on America Invents Act (AIA) trial procedures in response to the PTO’s ongoing request for such feedback, most recently at the PTAB Judicial Conference in June. Our comments, briefly summarized, are that: The inter partes review (IPR) procedure has been successful in providing an…

The “Doubtful Validity” Type Of Case

“Death squads.”  “Hanging judge[s].” A “reign of terror.”  “Patent killing fields.” Even if we set aside the questionable taste shown in analogizing the review of patents to genocide, there’s some extremely overwrought rhetoric out there being used to describe the inter partes review (IPR) process.  The rhetoric is based on a perception that the Patent…

IPR Statistics – Success Is Sector Specific

Yesterday, I published an extensive analysis of Senator Coons’ STRONGER Patents Act.  As I said then, the bill would neuter the IPR process, removing any real reason to ever pursue one (assuming you could even file one after the changes to the estoppel, real party in interest, and standing provisions.) One of the reasons I’ve…

STRONGER Patents, WEAKER Innovation

Yesterday, Senator Coons introduced his STRONGER Patents Act.  Senator Coons provided a section-by-section description of the bill, as well as the text of the bill.  And after reading it, I have some concerns.  Patent Progress previously covered Senator Coons’ STRONG Patents Act.  Much of STRONG Patents wound up in STRONGER Patents, and our analysis back…

SCOTUS Taking Case On Partial Institution Of IPRs

One of the biggest changes coming out of the 2011 America Invents Act (AIA) was the creation of the inter partes review (IPR) procedure, which allows people to challenge the validity of patents after they’ve issued.  Today, the Supreme Court granted certiorari to determine whether an IPR can be “instituted” on only some of the…

Patent Owners Don’t All Hate IPRs

Bloomberg BNA and AIPLA just released a nationwide survey of patent attorneys and agents asking about their experiences with inter partes review at the Patent Trial and Appeals Board. Bloomberg BNA and AIPLA did a survey of attitudes towards inter partes review (IPR). Among attorneys representing patent owners, 48% said that they thought that over…