The process by which the USPTO conducts an examination of a patent after it has issued, undertaken upon written request by a member of the public who establishes that there is a reasonable likelihood that the requester would prevail with respect to at least 1 of the claims challenged in the request. The pre-AIA standard was that there be “substantial new questions of patentability” presented as to the previously issued patent. Sometimes abbreviated “RE.”
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Much Ado About Injunctions: Redux
Patent policy debates have raged since 2006 when the Supreme Court decided eBay Inc. v. MercExchange, L.L.C., 547 U.S. 388 (2006). Critics of eBay frequently cite the decision as having effectively en...
Tuesday Markup of Litigation Funding Legislation
Although John Squires is busy destroying the PTAB—as of last week, he has now gone 0 for 34 on allowing institution of IPR petitions he reviews—the story in Congress is more positive. Tomorrow, t...
Step 1: Destroy IPR. Step 2: ??? Step 3: Profit.
Last week, the USPTO issued a Notice of Proposed Rulemaking (NPRM) containing major changes to the institution process for inter partes review. Combined with other changes made by the USPTO, inc...