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Category Archives: Litigation
Federal Circuit’s Aqua Products Decision Clarifies Burden on IPR Petitioner to Challenge Amended Claims
On October 4, 2017, the Federal Circuit issued a lengthy decision in Aqua Products v. Matal, spanning five opinions and 148 pages, which addressed the proper allocation of the burden of proof when amended claims are offered during inter partes review proceedings (“IPRs”). Aqua Prods. v. … Continue reading
Posted in Adjudicative instead of examinatorial, Broadest Reasonable Interpretation standard, claim challenges, estoppel from administrative proceeding, Federal Circuit Review of PTAB Proceedings, Motion to Amend, preponderance of evidence, reexamination generally, Settlements in Post-Grant Proceedings, Termination of Post-Grant Proceedings
Tagged appeal, Bianchi, claims, en banc review, ex parte prosecution, ex parte reexamination, federal circuit, inter partes review, IPR, issued patent, litigation, Motion to Amend, past damages, patent, patent claims, patent litigation, patent trial and appeal board, PGR, post-grant review, PTAB, reexamination, reissue, Tim Bianchi
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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 … 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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Supreme Court’s Stryker/Halo Decision Makes it Easier for Courts to Award Enhanced Damages In Patent Infringement Cases
The recent Supreme Court decisions in the Stryker and Halo cases just made it easier for courts to award enhanced damages in patent infringement cases, discarding Seagate’s “objective recklessness” test. The Seagate Test In 2007, the Federal Circuit announced a test for enhanced … 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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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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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