Tag: ipr

New Study Shows That IPR Delivers An Economic Benefit, Even If The District Court Doesn’t Stay Litigation

New research from the Perryman Group shows that inter partes review (IPR) is economically beneficial, even if co-pending district court litigation isn’t stayed.  The Perryman study, commissione...

Comments on USPTO’s Newest Regulation Overall Oppose Discretionary Denial Rules

The USPTO is considering whether to enshrine discretionary denial of inter partes review cases into regulation.  Last week, comments were due on the most recent portion of this process.  (CC...

PTAB Denies IPR Petitions Filed Less Than One Month After Lawsuit

On Monday, the PTAB made clear that the ultimate outcome of the Fintiv rule championed by Director Iancu is the elimination of inter partes review (IPR) as a viable alternative to challenging patents ...

Cert Granted in Arthrex Case On PTAB Appointments

This week, the Supreme Court granted certiorari in a set of related cases between Arthrex and Smith & Nephew, as well as the federal government.  The cases revolve around one fundamental ques...

Comments Emphasize Flaws In PTO Proposal To Remove Pre-Institution Presumption

Recently, the Patent and Trademark Office (PTO) proposed a concerning new rule.  It would create serious due process problems, violate the Administrative Procedure Act (APA) by changing an agency...

Federal Circuit Holds That PTAB Should Consider § 101 When Reviewing Proposed Amended Claims

In today’s Uniloc v. Hulu decision, the Federal Circuit held that the PTAB is permitted to consider all issues of patentability, including § 101 (and presumably including § 112), when a patent own...

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...

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...

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 pa...

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