The PTAB’s recent institution decisions in petitions filed against US5,796,183, a touchscreen patent owned by Nartron, are useful in understanding how the PTAB can be expected to address other situations with multiple simultaneous petitions, especially when a later petitioner may be able to benefit from a decision on an earlier petition.
Tag Archive for inter partes review
STRONGER Patents—Bad Legislation
by Josh Landau •
Yesterday, the STRONGER Patents Act of 2019 was introduced by Senators Chris Coons and Tom Cotton, along with a House companion bill introduced by Reps. Steve Stivers and Bill Foster. The bill looks much like the last two times it was introduced [1][2], but there have been a few changes.
SCOTUS Won’t Review Tribal Immunity To Inter Partes Review
by Josh Landau •
On Monday, the Supreme Court denied certiorari in the Saint Regis Mohawk v. Mylan case, bringing to a close a nearly 18-month-long attempt to sell tribal sovereign immunity as a shield against the inter partes review (IPR) process.
Beauchamp on Founding-Era Patent Revocation
by Josh Landau •
An article from Prof. Chris Beauchamp, newly published in the Vanderbilt Law Review and titled “Repealing Patents”, examines the history of Founding-era patent revocation. It’s a complex story, influenced by the changing character of the pre-1836 patent system, and reveals that there did seem to be a belief in a public interest in the invalidation…
ITC Again Recommends Exclusion Based on a Patent Likely to be Found Invalid
by Josh Landau •
International Trade Commission (ITC) Administrative Law Judge McNamara issued a Notice of Issuance of Initial Determination today, explaining that, based on a complaint from Qualcomm, she had found that Apple infringed claim 1 (but not claim 8) of U.S. Pat. No. 8,063,674, and that the claim was valid. Based on that, she stated that she…
CCIA Letter to Senate Judiciary IP Subcommittee Members On Questionable Studies
by Josh Landau •
At last week’s Senate Judiciary IP Subcommittee hearing, questioners referenced two studies. The first, on multiple IPR petitions, was conducted by Steve Carlson and Ryan Schultz of Robins Kaplan. The second, on venture capital and § 101, was conducted by Prof. David Taylor of SMU. But, as Twain said in a somewhat more colorful form,…
Losing by Winning: BTG v. Amneal
by Josh Landau •
Today, the Federal Circuit will hear oral argument in the BTG v. Amneal Pharmaceuticals case. In addition to standard disputes over whether the patent-in-suit was obvious and whether it was infringed, this case presents a novel issue regarding estoppel for IPR petitioners.
FTC Hearings #4: Patents, Intellectual Property, and Innovation
by Josh Landau •
This post has been cross-posted to DisCo. Last week, the FTC held the fourth in its set of hearings focusing on “Competition and Consumer Protection in the 21st Century.” The first day focused on a review of the current landscape of intellectual property and competition. The second day featured a variety of panels focusing on…
IPR And Alice Appear Responsible For Reduced Patent Litigation Costs
by Josh Landau •
Patent litigation costs have dropped significantly over the past few years, after a steady series of increases over the previous decade. This drop has sometimes been attributed to the use of inter partes review and to the Alice decision. The chart below, created based on data from the AIPLA Report of the Economic Survey, shows…
Additional Studies Show IPR Is Not A Threat To Hatch-Waxman Process
by Josh Landau •
Over a year ago, I took a look at a study of the success rate for inter partes reviews (IPRs) of pharmaceutical patents. That study showed that drug and biologic patents are significantly more likely to be upheld at the PTAB than the average patent. Recently, there’s been a wave of additional studies looking at…