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Category Archives: inter partes review
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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New PTAB Trial Practice Rules Effective May 2, 2016
On April 1, 2016 the PTO published its final rule on Amendments to the Rules of Practice for Trials Before the Patent Trial and Appeal Board. A small correction to these Amendments was published on April 27. I presented a summary of these … Continue reading
Federal Circuit Employs Phillips Claim Construction to Measure Claims Amended in Reexamination for Possible Intervening Rights
When patent owners sue an accused infringer for patent infringement, one way for the accused infringer to avoid liability is to show noninfringement of the patent claims. But if the claims are extremely broad, the accused infringer may find it difficult … Continue reading
Posted in Broadest Reasonable Interpretation, claim challenges, Claim Construction, clear and convincing evidence, covered business methods, Damages, Ex Parte Prosecution, Federal Circuit, inter partes review, intervening rights, Litigation, past damages, Phillips claim construction, Post Grant Review, preponderance of evidence, prior art, reexamination generally
Tagged Bianchi, BRI, broadest reasonable interpretation, burden of proof, CBM, covered business method review, federal circuit, inter partes review, intervening rights, IPR, past damages, PGR, Phillips construction, post-grant proceedings, post-grant review, reexamination, substantive amendment, Tim Bianchi
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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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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 Limits Multiple IPR Challenges in Samsung Electronics v. Rembrandt Wireless Technologies
June 22, 2015 Rembrandt Wireless Technologies sued Samsung and Research in Motion for infringement of U.S. Patent 8,457,228 in June 2013. The ‘228 patent relates to data communications, and in particular to a data communication system in which a plurality of modems … Continue reading
Posted in America Invents Act, claim challenges, inter partes review, IPR Joinder, Joinder of AIA Proceedings, Joinder Post AIA, petitions practice, prior art
Tagged Bianchi, denial of multiple proceedings, inter partes review, IPR, issued patent, Joinder, PTAB, reasons for subsequent petition, Tim Bianchi
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Federal Circuit Interprets Board’s Broadest Reasonable Interpretation Standard – Part II
In Microsoft Corp. v. ProxyConn, Inc. v. Michelle K. Lee, Intervenor (Fed. Cir. cases 2014-1542 and -1543), the Federal Circuit reversed claim constructions made by the Board in the underlying IPRs. One of the claim constructions that was reversed related … Continue reading
Posted in America Invents Act, Broadest Reasonable Interpretation standard, claim challenges, Claim Construction, Federal Circuit, inter partes review, prior art, PTAB, PTAB Patent Trials
Tagged AIA, appeal, Bianchi, BRI, broadest reasonable construction, federal circuit, inter partes review, IPR, issued patent, litigation, patent reform, patent trial and appeal board, PTAB, reversal of claim construction, Tim Bianchi, unreasonably broad construction
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Federal Circuit Interprets Board’s Broadest Reasonable Interpretation Standard – Part I
We know from the Federal Circuit’s decision in In re Cuozzo Speed Technologies, that the broadest reasonable interpretation (BRI) standard applies in IPRs, but in a recent appeal decision, the Federal Circuit has announced limits to the application of BRI. Microsoft had … Continue reading
PTAB Denies 2Wire IPR Petitions
June 10, 2015 TQ Delta LLC sued Pace Americas, Inc. for patent infringement in the U.S. District Court for the District of Delaware in November 2013. TQ Delta LLC v. 2Wire Inc., Case no. 1:13-cv-01835-RGA. The complaint was amended to name … Continue reading