Court Takes Issue with DJ Filing Prior to IPR
Patent infringement defendants seek IPR of patents asserted against them at the PTAB as an alternative to higher cost litigation. That is, a primary benefit of seeking IPR is the ability
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SCOTUS Seeks Gov’t Input on IPR Estoppel
Scope of Estoppel Considered for Review
IPR estoppel is defined by 35 U.S.C. 315(e). The statute recites in relevant part that any claim subject to a failed IPR may not be argued by that petitioner in an infringement action as…
The Long Lost PTAB Markman Plan
Would a “Mini-Markman” Have Helped Patent Owners?
A long time ago, in a galaxy, far, far away….the Patent Trial & Appeal Board (PTAB) considered implementing a Markman style claim construction procedure it labeled a “Mini-Markman.” The idea, along with others…
PTAB Masters 2023 this Month at IPWatchdog
2-Day Program Offers Comprehensive View
For those looking for some PTAB related CLE (hello, who isn’t !?), consider the upcoming PTAB Masters program Jan. 31 – Feb. 1. The third annual program is designed as a high-level, interactive, limited enrollment…
PTAB Estoppel is Confused By the USPTO
Re-work Frustrates Patent Owners & The System
I have written about Patent Owner estoppel for years. That is, estoppel stemming from claims cancelled in PTAB trial proceedings. This estoppel is based on the idea that, if you have an…
PTAB Webinar This Tuesday
IPWatchdog to Close Out Year with PTAB Update
Join me this Tuesday, December 13, 2022, at 12 PM ET, as IPWatchdog looks toward the end of the year, This PTAB specific panel will take a look back on the major…
Why Do Patent Owners Keep Making the Same PTAB Mistakes?
Patent Owners are not putting their best foot forward at the PTAB…
Amendment by Argument at the PTAB?
The CAFC has held that claims may not be amended by argument during IPR.…
PTAB LEAP Program Goes Behind the Scenes
Program Offers Unique Opportunity to Bar
On Wednesday, November 9th (10AM – Noon (EST)), the Patent Trial and Appeal Board’s (PTAB) Legal Experience and Advancement Program (LEAP) will host its brand new event, LEAP to Chambers.
LEAP to Chambers provides…
Its Time for the PTAB to Stop Playing Good Cop
Ending Opensky IPR Participation Underwhelming
Back in March, I explained that the Opensky mess needed to be immediately checked by the USPTO. The legitimacy of the PTAB is at stake when when profiteers are actively conspiring to abuse the IPR…