Tag Archive for inter partes review

The “Doubtful Validity” Type Of Case

“Death squads.”  “Hanging judge[s].” A “reign of terror.”  “Patent killing fields.” Even if we set aside the questionable taste shown in analogizing the review of patents to genocide, there’s some extremely overwrought rhetoric out there being used to describe the inter partes review (IPR) process.  The rhetoric is based on a perception that the Patent…

IPR Statistics – Success Is Sector Specific

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…

STRONGER Patents, WEAKER Innovation

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

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

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

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…

An Article About the PTAB You Must Read

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

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…