This post has been cross-posted to DisCo. Last week, the FTC held the fourth in its set of hearings focusing on “Competition and Consumer Protection in the 21st Century.” The first day focused on a review of the current landscape of intellectual property and competition. The second day featured a variety of panels focusing on…
Tag Archive for ipr
IPR And Alice Appear Responsible For Reduced Patent Litigation Costs
by Josh Landau •
Patent litigation costs have dropped significantly over the past few years, after a steady series of increases over the previous decade. This drop has sometimes been attributed to the use of inter partes review and to the Alice decision. The chart below, created based on data from the AIPLA Report of the Economic Survey, shows…
Additional Studies Show IPR Is Not A Threat To Hatch-Waxman Process
by Josh Landau •
Over a year ago, I took a look at a study of the success rate for inter partes reviews (IPRs) of pharmaceutical patents. That study showed that drug and biologic patents are significantly more likely to be upheld at the PTAB than the average patent. Recently, there’s been a wave of additional studies looking at…
Yet More Evidence That NPEs Are Harmful To Innovation
by Josh Landau •
Profs. Cohen, Gurun, and Kominers first published a paper collecting evidence of the impacts of NPEs on innovation in 2014. Recently, they updated the paper, incorporating additional evidence and research from the past four years. The key takeaways? “NPE litigation has a real negative impact on innovation at targeted firms: firms substantially reduce their innovative…
NPE Resurrects Canceled Patent To Go After Restaurants
by Josh Landau •
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 of their targets decided to fight back, filing an ex parte reexamination request that wound up cancelling all of the claims of its patent, MacroSolve…
RALIA Would Take Us Back To The Patent Law Stone Age
by Josh Landau •
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 to overturn the advances in American patent law that help protect innovation. Last week, I addressed Rep. Rohrabacher’s ‘Inventor Protection Act’ (IPA) [1][2], and I’ve previously…
Federal Circuit Holds Tribal Sovereign Immunity Does Not Apply In IPR
by Josh Landau •
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 by Judge Moore, writing for herself and Judges Dyk and Reyna, the Federal Circuit focused on the PTO Director’s ability to decide whether…
CAFC Determines No Requirement To Reopen Non-Instituted Claims Post-SAS
by Josh Landau •
While the Supreme Court continues to consider WesternGeco, that’s not the only oil services patent case to read up on.1 A little over a month ago, the Supreme Court’s SAS opinion determined that the PTAB can’t pick and choose which claims to consider in an inter partes review (IPR). Today, the Federal Circuit released its…
Sovereign Immunity, Upper Skagit, and Patents
by Josh Landau •
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 claims of tribal sovereign immunity. In rem jurisdiction is one argument that might bar the new practice of renting tribal sovereign immunity to…
A Little More Than Forty Percent: Outcomes At The PTAB, District Court, and the EPO
by Josh Landau •
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 if they had the chance. Unfortunately this is contradicted by the actual facts, which is something we’ve seen before…