Intellectual property law
fromPatently-O
3 days agoThe Director's Non-Statutory Statute of Limitations
Google's petition raises concerns about PTO's authority to deny IPR based on a patent's age and the limits of judicial review.
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Intellectual property law
fromIPWatchdog.com | Patents & Intellectual Property Law
4 weeks agoThe USPTO is Trying-But the Most Abusive Practices to Kill Patents Are Still in Play
Aggressive procedural strategies in PTAB practice exploit reexamination to bypass IPR estoppel, creating significant loopholes in patent litigation.
fromIPWatchdog.com | Patents & Intellectual Property Law
2 months agoCAFC Partially Affirms PTAB Unpatentability Decision for Samsung but Vacates on Unchallenged Claims
U.S. Patent No. 9,491,542 is titled "Automatic Sound Pass-Through Method and System for Earphones" and was challenged by Samsung via inter partes review (IPR) after ST1 sued Samsung for infringement. Samsung argued that claims 1-10 and 13- 20 of the patent were invalid due to obviousness based on three prior art references: Rosenberg, Ichimura and Visser. The PTAB ultimately found all of the challenged claims obvious over combinations of the prior art, but also found unchallenged claims 11 and 12 unpatentable without explanation.
Intellectual property law
fromIPWatchdog.com | Patents & Intellectual Property Law
3 months agoSquires Issues Precedential Decision Holding Parallel Petitions on Same Patent Claims Should Be Rare
The Board's Trial Practice Guide explains that 'one petition should be sufficient to challenge the claims of a patent in most situations' and 'multiple petitions by a petitioner are not necessary in the vast majority of cases.'
Intellectual property law
Intellectual property law
fromIPWatchdog.com | Patents & Intellectual Property Law
4 months agoOpenSky Reply Brief Argues USPTO Concedes Noerr-Pennington Flaw in Original Sanctions Ruling
OpenSky challenges USPTO Director Vidal's sanctions ruling, alleging post-hoc rationalization and denial of opportunity to present Noerr-Pennington immunity.
Intellectual property law
fromIPWatchdog.com | Patents & Intellectual Property Law
5 months ago'Informative' Director Review Decision Expands on Approach to Petitioner's Inconsistent Claim Constructions
USPTO Director vacated an IPR institution because the petitioner failed to explain taking inconsistent claim constructions and invalidity positions across forums.
Intellectual property law
fromIPWatchdog.com | Patents & Intellectual Property Law
5 months agoSquires Tells PTAB That Petitioner's Inconsistent Claim Constructions Must Be Explained In All Cases
Petitioners taking inconsistent claim-construction positions before the PTAB and a district court must explain the differing positions or risk vacatur of instituted reviews.
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fromIPWatchdog.com | Patents & Intellectual Property Law
9 months agoJudges and Academics Tell CAFC to Reject SAP's Mandamus Bid Over Revocation of Vidal's Discretionary Denial Guidance
SAP filed a petition for a writ of mandamus seeking enforcement of USPTO guidance regarding IPR petition validity and due process protection.
Intellectual property law
fromIPWatchdog.com | Patents & Intellectual Property Law
9 months agoiRhythm Urges Stewart to Reconsider and Clarify 'Settled Expectations' Basis for Discretionary Denial
iRhythm filed a petition for Director Review after its inter partes reviews against Welch Allyn were denied.
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