Tag: inter partes review
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 Will Continue To Double-Check Its Work—All Of It
Today, the Supreme Court issued two opinions in cases focused on the inter partes review (IPR) procedure. First, in Oil States v. Greene’s Energy Group, the Court upheld the constitutionality of I...
Iancu’s First Hearing Answers Questions, Leaves More Open
On Wednesday, April 18, new USPTO Director Andrei Iancu appeared for his first oversight hearing in front of the Senate Judiciary Committee. The Director was more open with the Committee compared to...
The Patent Examination Process Shouldn’t Be An Oversight
Director Iancu will be appearing for his first oversight hearing tomorrow, Wednesday, April 18. This follows on his recent speech at the Chamber of Commerce, at which he emphasized two areas of focu...
Like A Horror Movie Villain, The STRONGER Patents Act Returns
Since the STRONGER Patents Act was introduced last year, it’s basically been a dead topic. Maybe that’s because the bill would gut the extremely successful inter partes review procedure and ove...
“The Same Or Substantially The Same Prior Art Or Arguments”
Director Andrei Iancu has been making the rounds since his confirmation. In a recent interview, he suggested that “[t]here is, for sure, a perception problem in the IP community with the PTAB�...
Senate Introduces Bill To Prevent Abuse Of Sovereign Immunity
Yesterday Senators Cotton, McCaskill, Toomey, Ernst, and Perdue introduced the Preserving Access to Cost Effective Drugs (PACED) Act, a bill which would help prevent sovereign immunity from being abus...
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...
Innovation Is Alive And Well—Patenting Activity
After examining the evidence for U.S. innovation as shown by startups and venture capital, and by R&D spending, I want to look at patenting activity—new patent applications and new patent grants...