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Category Archives: America Invents Act
PTO Brief Argues Why PTAB Can Issue Decisions On Remand From FedCir
Under the America Invents Act IPRs are supposed to be completed with a final written decision no later than a maximum of 18 mos after institution. But if the FedCir remands for further findings on appeal can the PTAB issue … Continue reading
Complex Claim Construction Issues in Knowles Electronics v. Cirrus Logic
A recent Federal Circuit case demonstrates the complexity of resolving difficult claim construction issues in multiple agency and court proceedings. In Knowles Electronics v. Cirrus Logic the Federal Circuit declined to apply its own prior claim interpretation of the same term of … Continue reading
Posted in America Invents Act, BRI v. Phillips Construction Issues, Broadest Reasonable Interpretation standard, claim challenges, Claim Construction, Claim Preclusion, Federal Circuit Review of PTAB Proceedings, inter partes reexamination, Issue Preclusion, ITC, prior art, PTAB, reexamination generally
Tagged appeal, Bianchi, BRI, broadest reasonable construction, claim construction, claim preclusion, ex parte reexamination, inter partes reexamination, issue preclusion, patent claims, patent trial and appeal board, PTAB, reexamination, Tim Bianchi
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PTAB Boardside Chat Provides Statistics About Multiple IPR Petition Filings
On October 24, 2017, PTAB Chief Judge David Ruschke and Lead Judge William Saindon conducted a webinar covering filing statistics for IPR petition filings, and in particular how multiple petitions have fared statistically in the PTAB. They also announced three informative decisions relating … Continue reading
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 … Continue reading
Posted in America Invents Act, claim challenges, Claim Construction, Damages, Future of PTAB Trial Practice, inter partes review, Litigation, Post Grant Review, preponderance of evidence, prior art, PTAB, PTAB Patent Trials, Uncategorized
Tagged appeal, Bianchi, CBM, covered business method, inter partes reexamination, inter partes review, IPR, litigation, motion to stay, patent claims, patent trial and appeal board, PGR, post-grant review, PTAB, Tim Bianchi
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Patent Due Diligence and Evaluation After the AIA
Many factors must be considered for due diligence and valuation of a patent portfolio. The patent owner’s desire to have broad claims that capture a large number of infringements must be tempered against its need for claims that will not … Continue reading
Posted in America Invents Act, claim challenges, covered business methods, inter partes review, Litigation, Patent Portfolio Management, Patent Reform, Post Grant Review, Prosecution Guidelines, PTAB, PTAB Patent Trials
Tagged AIA, America Invents Act, Bianchi, CBM, IPR, patent due diligence, patent guidelines, Patent Infringement, patent litigation, patent prosecution, patent trial and appeal board, Patent Validity, PGR, post-grant proceedings, prior art, prior art search, prosecution guidelines, PTAB, Timothy Bianchi
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4 Tips to Make Your Patent Portfolio AIA-Ready
The America Invents Act (AIA) has changed the way that patents are enforced. In traditional patent litigation, a patent was drafted to perform in district court. After the AIA, when patents are asserted, they are first challenged in administrative proceedings … Continue reading
Posted in America Invents Act, claim challenges, covered business methods, inter partes review, Litigation, Post Grant Review, PTAB, PTAB Patent Trials
Tagged AIA, America Invents Act, Bianchi, CBM, covered business method patent review, inter partes review, IPR, litigation, patent litigation, patent portfolio, patent prosecution, patent reexamination, Patent Stay, PGR, post-grant review, prosecution guidelines, PTAB, reexamination
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IPRs And Settlement of Patent Infringement Cases
The passage of the AIA is still relatively recent, yet statistics are starting to emerge that demonstrate the effective use of IPRs to settle patent infringement cases. IAM magazine recently published an interesting report by Unified Patents showing that IPRs have … Continue reading
Posted in America Invents Act, claim challenges, inter partes review, prior art, Settlements in Post-Grant Proceedings
Tagged Bianchi, CBM, covered business method, inter partes review, IPR, issued patent, litigation, patent claims, patent litigation, patent trial and appeal board, PGR, post-grant review, PTAB, settlement, Tim Bianchi
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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 … Continue reading
Posted in America Invents Act, Broadest Reasonable Interpretation standard, claim challenges, clear and convincing evidence, doctrine of claim differentiation, Uncategorized
Tagged appeal, Bianchi, CBM, claims, damages, federal circuit, inter partes review, IPR, issued patent, patent claims, patent litigation, patent prosecution, patent reform, PGR, Post Grant Review, post-grant review, reexam, reexamination, reissue, Tim Bianchi
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Patent Trends to Watch in 2016
2016 is starting off with a bang! A number of interesting new developments have occurred as we enter into this new year: The Supreme Court will review broadest reasonable interpretation (BRI), courtesy of the petition for cert in Cuozzo The Federal Circuit … Continue reading
Posted in America Invents Act, Broadest Reasonable Interpretation, Broadest Reasonable Interpretation standard, Federal Circuit, Future of PTAB Trial Practice, inter partes review, Litigation, Post Grant Review, PTAB, PTAB Patent Trials, Supreme Court Review of post-grant issues
Tagged appeal, Bianchi, CBM, covered business method, ex parte reexamination, federal circuit, inter partes reexamination, inter partes review, IPR, issued patent, litigation, patent trial and appeal board, PGR, PTAB, Supreme Court, Tim Bianchi
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Board Guidance on its View of Petitioner Estoppel: Westlake Services v. Credit Acceptance Corp:
July 21, 2015 Last week, the Board provided an opinion to offer guidance on its view of the scope of petitioner estoppel. The Westlake Services v. Credit Acceptance Corp. decision relates to the scope of estoppel to a Petitioner following a final written decision from … Continue reading
Posted in America Invents Act, covered business methods, estoppel, Post Grant Review, raised or reasonably could have raised, Termination of Post-Grant Proceedings
Tagged Bianchi, CBM, covered business method, estoppel, IPR, patent litigation, patent trial and appeal board, PTAB, Tim Bianchi
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