Tag: ipr
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...
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 Rejects Allergan’s Tribal Sovereign Immunity Claim
On Friday, the Patent Trial and Appeal Board (PTAB) issued a ruling rejecting Allergan’s sovereign immunity claims.
As Patent Progress has previously described [1][2][3], Allergan sold their patent...
Starting Off 2018 With More Sovereign Immunity
2018 started off with a sovereign immunity bang, with the Saint Regis Mohawk Tribe filing a motion that implicitly suggests that the Patent Trial and Appeal Board (PTAB) would only rule against them d...
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 ...