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…
Tag Archive for inter partes review
STRONGER Patents, WEAKER Innovation
by Josh Landau • • 4 Comments
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…
Should Abstract Ideas Be Unpatentable? The Answer Is A Snap
by Josh Landau • • 2 Comments
Tuesday, Kaldren LLC sued Snap. (According to RPX, Kaldren is affiliated with IP Edge, a notorious patent troll.) Kaldren sued over a set of expired patents on such wonderful ideas as: Printing out a machine readable symbol; Reading a machine readable symbol; Using an address in a machine readable symbol to retrieve information from that…
SCOTUS Taking Case On Partial Institution Of IPRs
by Josh Landau • • 0 Comments
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
by Matt Levy • • 1 Comment
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…
Death to All Patents? Really? Why Inter Partes Review Shouldn’t Be Controversial
by Matt Levy • • 2 Comments
Inter partes review shouldn’t be as controversial as it is.
Kyle Bass Continues to Fail In His Quest to Abuse Inter Partes Review
by Matt Levy • • 0 Comments
Kyle Bass has lost another one of his inter partes review petitions. (If you need reminding who Kyle Bass is, see here and here.) I’m on a panel this coming Tuesday (9/8/2015) with a couple of people from the pharmaceutical industry. It’ll be interesting to see if they back off their attacks on inter partes review.
An Article About the PTAB You Must Read
by Matt Levy • • 0 Comments
I’ve written about a number of times (e.g., here, here, and here) because it’s an incredibly useful tool for dealing with bad patents. Now, Scott Graham and Lisa Shuchman have done a great piece at law.com on the judges at the Patent Trial and Appeals Board (registration required) that I strongly recommend. Here’s a taste, but…
I Called It: Kyle Bass’s First Two IPR Petitions Fail
by Matt Levy • • 1 Comment
Kyle Bass, the hedge fund manager who filed a number of inter partes review petitions against pharmaceutical companies, has struck terror into the shriveled hearts of the pharmaceutical industry. The first petitions he filed were against Acorda Therapeutics, and its stock dropped on the news. The pharmaceutical industry immediately started lobbying to change IPR procedures…
Inter Partes Review and Pharma
by Matt Levy • • 1 Comment
Here’s a video I’ve done to explain why the pharmaceutical companies’ campaign against inter partes review is disingenuous at best: You can read more about IPRs here. Note: There was a comment on Twitter pointing out that I don’t discuss Kyle Bass and his hedge fund’s attacks against some pharmaceutical patents using inter partes review.…