Category: Uncategorized
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Are Patent-Friendly PTAB Decisions On the Rise?
Patent litigation changed with passage of the America Invents Act. Overnight the PTAB became a new venue for challenging patent claims using IPRs, CBMs and PGRs. The initial reaction by the patent bar to the PTAB’s “take charge” approach to instituting review and canceling patent claims was met with approval by businesses under attack by…
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PTAB Trials Rule Package Library
Some of you have requested a collection of the rule packages from the PTAB. Click on the link below for each document: A – Umbrella Admin Trial Rules (Final Rule 2012) B – IPR, PGR and CBM (Final Rule 2012) C – CBM Definition (Final Rule 2012) D – Office Patent Trial Practice Guide (Final Rule…
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Federal Circuit Reinforces PTAB’s Authority to Institute Trial on Selected Claims in Synopsis v. Mentor Graphics Appeal
Newcomers to post-grant proceedings are often surprised by the PTAB’s claim-by-claim approach to patent challenges under the America Invents Act. When reporting statistics about IPRs, commentators tend to ignore these considerations: First, an IPR petition can be drafted to challenge all or some of the claims of a patent. So the set of challenged claims can be less…
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Judge Rader to Retire from the Federal Circuit
Judge Rader announced his plans to retire from the Federal Circuit at the end of this month. Different sources are reporting that he has indicated an interest in teaching intellectual property to students in various countries. This will also allow him to continue to lecture and travel in the next phase of his career. We…
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Chief Judge Rader Stepping Down from Chief Judge Position, but Still Serving as CAFC Judge
From the U.S. Court of Appeals for the Federal Circuit Web Page: CHIEF JUDGE RANDALL R. RADER TO STEP DOWN AS CHIEF JUDGE ON MAY 30, 2014 Chief Judge Randall R. Rader today announced his intention to step down as chief judge on May 30, 2014. Judge Rader will continue in active service on the…
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Eastern District of Texas Denies SAP’s Motion to Vacate the Judgment in the Versata Patent Infringement Case
SAP recently learned that the Eastern District of Texas denied its motion to set aside or stay a district court judgment in favor of Versata for infringement of its U.S. Pat. 6,553,350 (Versata Software, Inc v. SAP America, Inc., No. 2:07-cv-00153 (E.D. Tex)). On April 20, 2014, Judge Roy S. Payne dismissed SAP’s motion despite its…
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Eastern District of Virginia Decides PTAB Decision to not institute IPR is Not Appealable
A patent owner insists that your company infringes a patent and makes a claim of patent infringement. You have settled patent infringement assertions before, but this patent seems invalid over known prior art. You consult with your patent counsel and a decision is made to file a petition for inter partes review (IPR) under the new post-grant…
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USPTO Statistics Show Inter Partes Patent Reviews are Frequently Settled Before Final Board Decision
The U.S. Patent Office regularly posts statistics on post-grant proceedings such as inter partes review and covered business method patent review. An excerpt of PTAB statistics for February 13, 2014 is found below. The acronyms “FWD” and “RAJ” stand for “Final Written Decision on the merits” and “Request for Adverse Judgment.” The “Other” category…
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Upcoming speaking announcement
I am speaking at “Best Practices in Patent Monetization” in San Francisco on March 6 & 7. Attendees will learn tips and strategies to maximize the strategic and financial value from their portfolios, manage the buying and selling process, conduct due diligence, manage risks and participate successfully in the market-making process. Don’t miss this valuable…