Tag Archive for vlsi

Guest Post: A Solution to the OpenSky Problem

Joe Matal is a former Acting Director and Acting Solicitor of the USPTO and a current partner at Haynes and Boone, where he specializes in PTAB trials and Federal Circuit appeals. I have written several times about the $2.2 billion verdict in the VLSI v. Intel case.  The case is extraordinary not just because of…

Discretionary Denials at the PTAB Continue to Rise, Benefit NPEs

According to new data from Unified Patents, the rise in discretionary denials at the PTAB is showing no signs of slowing down.  In 2019, there were 6 denials based on co-pending litigation (so-called § 314(a) or Fintiv denials).  In these denials, the PTAB decides not to institute an inter partes review based primarily on related…

One Case, All The Problems: VLSI v. Intel Exemplifies Current Issues In Patent Litigation

Patent litigation suffers from a number of issues at present. Hedge funds backing non-practicing entities (NPEs) in order to chase a share of billion-dollar judgments.   Plaintiffs using damages methodologies that have little to no relation to the reality of the patent system in order to obtain those billion dollar judgments. NPEs asserting patents that they…