Posts
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...
Changes Reducing IPR Institution Rate Have Increased Litigation Frequency and Cost
The U.S. Patent and Trademark Office’s precedential opinions on discretionary denial are the subject of significant attention—a withdrawn attempt by the Trump Administration to codify discretionar...
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 ...
Trouble In Plaintiff’s Paradise?
There are signs that, despite Judge Albright’s best efforts, the rest of the world might not support turning the Western District of Texas into another NPE haven like the Eastern District in its glo...
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...
Forum Selling and Judge Shopping—How Two Texas Districts Compete For NPE Cases
Judge Gilstrap of the infamously NPE-friendly Eastern District of Texas used to handle one out of every four patent cases in the entire United States. The Eastern District as a whole handled mor...
FRAND, RAND, & the Problem at Hand: Increasing Certainty in Infringement Damages for Standard-Essential Patents
When Standard-Setting Organizations (“SSOs”) set various industry standards, they often require the incorporation of certain technologies (and, therefore, their underlying patents) into the standa...
Unwired Planet Decision May Lead To Crossed Wires On SEP Royalties
Last week, the UK Supreme Court ruled that it was legally permissible for UK courts to set worldwide license rates for patents that are subject to fair, reasonable, and non-discriminatory license (FRA...
Paycheck Protection Recipients Among NPE Targets
The Paycheck Protection Program (PPP) is a federal business lending program established by the 2020 CARES Act, intended to help small businesses retain jobs during the pandemic. In order to rece...