Senator Patrick Leahy (D-VT) has announced that he won’t be seeking re-election to the Senate for a ninth term. First elected in 1974, Senator Leahy has spent nearly 50 years in the Senate, focused on a wide variety of issues. Intellectual property is one of those issues, and it’s an issue where he’s been a…
Tag Archive for inter partes review
Arthrex, Mobility Workx, and Director Review at Institution
by Josh Landau •
There’s been a fair amount of discussion regarding Judge Newman’s dissent in last week’s Mobility Workx case. In Mobility Workx, a divided panel of the Federal Circuit rejected a variety of constitutional challenges to the Patent Trial and Appeal Board (PTAB). Judges Dyk and Schall, in the majority, found no merit in the due process…
Leahy and Cornyn Introduce Bill To Restore The America Invents Act
by Josh Landau •
Yesterday, Senate Judiciary IP Subcommittee Chair Sen. Leahy (D-VT) and committee member Sen. Cornyn (R-TX) introduced the Restoring the America Invents Act (RAIA). RAIA would roll back changes introduced by former USPTO Director Andrei Iancu and by the courts, restoring the America Invents Act (AIA) to what it was always intended to be—a cost-effective alternative…
Patent Quality Week: Public Interest Patents, The AIA At Ten, And More
by Josh Landau •
This week marks the first annual Patent Quality Week. Low quality patents can have huge negative impacts on business sectors from Main Street retailers to Silicon Valley startups, and everywhere in between. Coordinated by Engine, a policy advocate for startups, Patent Quality Week includes a number of events focused on patent quality and how it…
Arthrex Is Here—What Will It Mean?
by Josh Landau •
Yesterday, the Supreme Court handed down its much-awaited decision—at least, much-awaited by people who care about patents and the Patent Trial and Appeal Board (PTAB)—in the consolidated U.S. v Arthrex, Arthrex v. Smith & Nephew, and Smith & Nephew v. Arthrex cases. And while the multiple parties and multiple opinions might look complicated, it’s actually…
One Case, All The Problems: VLSI v. Intel Exemplifies Current Issues In Patent Litigation
by Josh Landau •
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 damages methodologies that have little to no relation to the reality of the patent system in order to obtain those billion dollar judgments. NPEs asserting patents that they…
New Study Shows That IPR Delivers An Economic Benefit, Even If The District Court Doesn’t Stay Litigation
by Josh Landau •
New research from the Perryman Group shows that inter partes review (IPR) is economically beneficial, even if co-pending district court litigation isn’t stayed. The Perryman study, commissioned by Unified Patents, examines IPR’s economic impact, including the difference between staying or continuing on with a co-pending district court case. There are two important findings in this…
Comments on USPTO’s Newest Regulation Overall Oppose Discretionary Denial Rules
by Josh Landau •
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. (CCIA’s comments criticizing the current General Plastic, Valve, NHK Spring, and Fintiv precedential opinions, and explaining why they should not be converted into rules, can be…
Changes Reducing IPR Institution Rate Have Increased Litigation Frequency and Cost
by Josh Landau •
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 discretionary denial as a rule, a request for comments on rulemaking by the Office, and a challenge to the practice of discretionary denial as illegal under the Administrative Procedure Act.…
PTAB Denies IPR Petitions Filed Less Than One Month After Lawsuit
by Josh Landau •
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 in litigation. RAI sued Philip Morris on April 9th, 2020. Less than a month later, on May 8th, 2020, Philip Morris filed…