Tag: inter partes review

New Federal Circuit Appeal Claims PTAB Unconstitutional Because Of Fee Funding—But Ignores The Patent Examination Process

In a recently filed brief in the Federal Circuit case New Vision Gaming v. SG Gaming, the appellant argues that the PTAB is unconstitutional because the fees charged for the proceeding create a bias t...

New Report Confirms IPR Has Had Significant Positive Impacts On U.S. Industry

A recent report, prepared by economists at the Perryman Group, confirms what has long been stated to be the case—inter partes review (IPR) has positively impacted the U.S. economy.   In...

Meet the Western District of Texas—NPEs Certainly Have

For years, the Eastern District of Texas was the favored stomping ground for patent trolls.  Short times from filing to trial, shorter trials, judges with local rules friendly to patent plaintiff...

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,...

In Thryv, Supreme Court Clarifies Bar On Review of Institution Decisions

In today’s decision in Thryv v. Click-To-Call, the Supreme Court held that the AIA means what it says—decisions to institute an inter partes review “shall be final and nonappealable.” (mor...

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 ...

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...

Nartron IPRs a Touchstone For Understanding PTAB Discretion

The Patent Trial and Appeal Board (PTAB) recently issued institution decisions in a number of petitions filed against U.S. Pat. No. 5,796,183, a touchscreen patent owned by Nartron.  In the process o...

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...

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