Tag Archive for ipr

A Follow-up on CyWee and ZTE v. LG and the Public

A few weeks ago, I covered a PTAB case that illustrates why the PTO’s proposed rule on who bears the burden on amended claims in IPRs is fatally flawed.  In that case, ZTE challenged a CyWee patent and LG joined the ZTE petition.  But CyWee filed an amended claim that ZTE wasn’t concerned by. ZTE…

CyWee, ZTE, and the PTAB v. the Public Interest

In an order issued this week in IPR2019-00143, a panel of PTAB judges decided that the public has no interest in ensuring that only valid patent claims issue from the Patent Office. That’s not an exaggeration—if anything, it understates the case.  In fact, the PTAB order states that “the public is generally likely to benefit…

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.