Tag: discretionary denials
AG Mukasey Winning WSJ Debate Over Fintiv Denials
The recent back-and-forth in the Wall Street Journal between former Attorney General Michael Mukasey and former Federal Circuit Chief Judge Paul Michel is telling about the state of the debate over PT...
Fintiv: More Work, Less Quality
When the Patent Trial and Appeal Board (PTAB or “Board”) first decided the IPR that led to the Fintiv rule, it justified its decision on the basis of “balanc[ing] considerations such as system e...
Discretionary Denials at the PTAB Continue to Rise, Benefit NPEs
According to new data from Unified Patents, the rise in discretionary denials at the PTAB is showing no signs of slowing down. In 2019, there were 6 denials based on co-pending litigation (so-ca...
One Case, All The Problems: VLSI v. Intel Exemplifies Current Issues In Patent Litigation
Patent litigation suffers from a number of issues at present.
Hedge funds backing non-practicing entities (NPEs) in order to chase a share of billion-dollar judgments. Plaintiffs using d...
Fintiv Denials Playing a Role in Huawei Assertion Campaign
Whenever we discuss the U.S. patent system, it’s critical to recall that while these patents are U.S. patents, anyone in the world can obtain one. And they do. In fact, in FY2020, of the...
Comments on USPTO’s Newest Regulation Overall Oppose Discretionary Denial Rules
The USPTO is considering whether to enshrine discretionary denial of inter partes review cases into regulation. Last week, comments were due on the most recent portion of this process. (CC...
Changes Reducing IPR Institution Rate Have Increased Litigation Frequency and Cost
The U.S. Patent and Trademark Office’s precedential opinions on discretionary denial are the subject of significant attention—a withdrawn attempt by the Trump Administration to codify discretionar...
PTAB Denies IPR Petitions Filed Less Than One Month After Lawsuit
On Monday, the PTAB made clear that the ultimate outcome of the Fintiv rule championed by Director Iancu is the elimination of inter partes review (IPR) as a viable alternative to challenging patents ...
Patent Links and Articles to Read by the Fire
With the holiday season upon us, there’s nothing better than to curl up by the fire with a hot cup of tea and a stack of patent-related articles. Here’s a few you might want to take a look a...