Tag Archive for inter partes review

Thryv, the PTAB, and the APA

April’s Thryv decision by the Supreme Court clarified the nonappealability of institution decisions in inter partes review (IPR).  But by placing an absolute bar on appeal of institution decisions, Thryv effectively insulated the PTO’s choice of institution rules from appeal.  That’s not a good situation, and it’s one which the Director should actively seek to…

Polaris Concurrence Explains Why Arthrex Was Wrong, But Signals Federal Circuit Won’t Fix It

Today’s Federal Circuit decision in Polaris v. Kingston had an unsurprising outcome—in line with last year’s Arthrex decision, the PTAB’s determination was remanded back to the PTO for review in line with Arthrex.  But while the decision was brief, the concurrence—authored by Judge Hughes and joined by Judge Wallach—was not.  It explains, in detail, just…

Nartron IPRs a Touchstone For Understanding PTAB Discretion

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.

STRONGER Patents—Bad Legislation

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.

Beauchamp on Founding-Era Patent Revocation

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…