Tag: inter partes review
NPE Resurrects Canceled Patent To Go After Restaurants
A few years ago, a company called MacroSolve stopped creating products and started creating patent litigation. Its tool was a patent that claimed to cover mobile questionnaires. But after several ...
RALIA Would Take Us Back To The Patent Law Stone Age
At the end of June, Rep. Thomas Massie (R-KY) introduced the “Restoring America's Leadership in Innovation Act of 2018,” H.R. 6264 (RALIA). RALIA, rather than restoring American innovation, aims...
The Inventor Protection Act Would Actually Harm U.S. Innovation
Yesterday, I went through the serious defects in the findings Rep. Rohrabacher based his Inventor Protection Act on. Today, I’ll discuss the problems with the legal changes the bill seeks to make....
Finding A Few Problems In New “Inventor Protection Act”
There’s a bit of a glut of anti-innovation bills in Congress right now, ranging from the STRONGER Patents Act to Rep. Massie’s RALIA bill (which I hope to write about at a later date) and now, Rep...
Federal Circuit Holds Tribal Sovereign Immunity Does Not Apply In IPR
Today, in Saint Regis Mohawk Tribe v. Mylan Pharmaceuticals, the Federal Circuit held that tribal sovereign immunity does not provide a right of immunity in inter partes reviews (IPR).
In an opinion ...
CAFC Determines No Requirement To Reopen Non-Instituted Claims Post-SAS
While the Supreme Court continues to consider WesternGeco, that’s not the only oil services patent case to read up on.[1. In fact, it’s been a heavy oil term at the Court—Oil States was also abo...
Sovereign Immunity, Upper Skagit, and Patents
Earlier this week, the Supreme Court released their decision in Upper Skagit Indian Tribe v. Lundgren. The opinion effectively held that the simple fact of in rem jurisdiction does not always bar cl...
A Little More Than Forty Percent: Outcomes At The PTAB, District Court, and the EPO
In the run-up to Oil States, a frequent criticism by opponents of patent reform was that the PTAB was “unfair” and that it invalidated patents at a rate far higher than the district courts would i...
PTAB Will Continue To Double-Check Its Work—All Of It
Today, the Supreme Court issued two opinions in cases focused on the inter partes review (IPR) procedure. First, in Oil States v. Greene’s Energy Group, the Court upheld the constitutionality of I...