Tag: inter partes review
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 Federal Circuit Appeal Claims PTAB Unconstitutional Because Of Fee Funding—But Ignores The Patent Examination Process
In a recently filed brief in the Federal Circuit case New Vision Gaming v. SG Gaming, the appellant argues that the PTAB is unconstitutional because the fees charged for the proceeding create a bias t...
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...
Meet the Western District of Texas—NPEs Certainly Have
For years, the Eastern District of Texas was the favored stomping ground for patent trolls. Short times from filing to trial, shorter trials, judges with local rules friendly to patent plaintiff...
Thryv, the PTAB, and the APA
April’s Thryv decision by the Supreme Court clarified the nonappealability of institution decisions in inter partes review (IPR). But by placing an absolute bar on appeal of institution decisions,...
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...
Polaris Concurrence Explains Why Arthrex Was Wrong, But Signals Federal Circuit Won’t Fix It
Today’s Federal Circuit decision in Polaris v. Kingston had an unsurprising outcome—in line with last year’s Arthrex decision, the PTAB’s determination was remanded back to the PTO for review ...
Patent Links and Articles to Read by the Fire
With the holiday season upon us, there’s nothing better than to curl up by the fire with a hot cup of tea and a stack of patent-related articles. Here’s a few you might want to take a look a...