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Category Archives: Damages
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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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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Federal Circuit Appeal Decision in Versata Software v. SAP
A detailed discussion of the Versata v. SAP litigation and a timeline was provided in my earlier post. I reported that there are three actions related to this dispute: one in the PTAB, one in the Eastern District of Virginia, … Continue reading
Posted in covered business methods, Damages, Litigation, Patent Reform, Post Grant Review, PTAB, PTAB Patent Trials, PTO Sued Under the APA, Uncategorized
Tagged appeal, Bianchi, CBM, covered business method, damages, federal circuit, issued patent, litigation, patent, patent litigation, patent trial and appeal board, PTAB, Tim Bianchi
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More Inter Partes Patent Reviews Filed on the PTAB PRPS
As of 01:00 on September 27, the number of petitions for covered business method (CBM) patent reviews remained at 6, but five more petitions for inter partes reviews (IPRs) were filed, making a total of 17 IPRs. The total number of pending … Continue reading
Posted in America Invents Act, claim challenges, Claim Construction, covered business methods, Damages, estoppel, future damages, inter partes review, intervening rights, Litigation, motion practice, Patent Reform, Post Grant Review, preponderance of evidence, PRPS Patent Review Processing System, PTAB, raised or reasonably could have raised
Tagged Bianchi, inter partes review, patent, patent claims, PGR, Post Grant Review, PTAB, Tim Bianchi
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Preissuance Submission Final Rules Published July 17, 2012
The Patent Office has published its final rules for preissuance submissions under the AIA. A copy of the final rules can be found here (2012-16710). I briefly summarized the rule requirements in a presentation that can be found here (Preissuance Submissions … Continue reading
Posted in America Invents Act, Damages, estoppel, estoppel, estoppel from administrative proceeding, Ex Parte Prosecution, inter partes review, Litigation, past damages, Patent Reform, petitions practice, Post Grant Review, preissuance submissions by third parties, reexamination generally, Substantial New Question (SNQ), Uncategorized
Tagged Bianchi, claims, damages, estoppel, ex parte reexamination, inter partes review, issued patent, litigation, narrowing, past damages, patent, patent claims, patent litigation, patent reform, PGR, post-grant review, reexam, reexamination, SNQ, substantial new question of patentability, substantive amendment, Tim Bianchi
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En Banc Decision in Marine Polymer v. HemCon: Amended or New Claims are Candidates for Possible Intervening Rights
In my earlier post, I summarized the panel opinion in Marine Polymer Technologies, Inc. v. Hemcon, Inc. On September 26, 2011, a panel of the Federal Circuit reversed the district court’s decision, concluding that HemCon had acquired intervening rights in the … Continue reading
Posted in absolute intervening rights, Damages, equitable intervening rights, intervening rights, Litigation, past damages, reexamination generally, Reissue
Tagged appeal, Bianchi, claims, damages, ex parte reexamination, federal circuit, inter partes reexamination, intervening rights, issued patent, litigation, past damages, patent, patent claims, patent litigation, reexam, reexamination, reissue, substantive amendment, Tim Bianchi
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Do You Want That Post-Grant Review Super-Sized? – Part III
This is the third post in a series of articles on PGR strategies. In Part I, I made the point that while patents come in all shapes and sizes, post-grant reviews (PGRs) basically come in two sizes. By statute, the … Continue reading
Posted in America Invents Act, covered business methods, Damages, estoppel, estoppel, estoppel from administrative proceeding, Ex Parte Prosecution, ex parte reexamination, inter partes review, Litigation, past damages, Patent Reform, petitions practice, Post Grant Review, raised or reasonably could have raised, reexamination generally, Substantial New Question (SNQ), Uncategorized
Tagged Bianchi, claims, damages, estoppel, ex parte prosecution, ex parte reexamination, inter partes review, intervening rights, issued patent, litigation, narrowing, past damages, patent claims, patent litigation, patent prosecution, patent reform, petition, PGR, post-grant review, reexam, reexamination, SNQ, substantial new question of patentability, Tim Bianchi
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Marine Polymer Technologies v. HemCon, Inc. and Intervening Rights
Marine Polymer Technologies, Inc. v. HemCon, Inc. (Fed. Cir. 2011) is a widely reported case that raises some questions about the scope of the application of intervening rights. It involves a matter where the literal language of a claim was … Continue reading
Posted in absolute intervening rights, Appealable, equitable intervening rights, ex parte reexamination, intervening rights, Litigation, past damages, reexamination generally
Tagged appeal, Bianchi, Board, board of patent appeals, BPAI, damages, ex parte reexamination, federal circuit, issued patent, litigation, past damages, patent, patent claims, patent litigation, reexam, SNQ, substantive amendment, Tim Bianchi
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New, More Popular Post-Grant Patent Challenges Drive Patent Generation Strategy
Patent Generation and Enforcement Before the Popularity of Post-Grant Proceedings Patent Owners adopt different approaches for drafting patent applications. For large companies a patent production line approach is frequently adopted which limits the cost and the commensurate drafting efforts on any particular … Continue reading
Posted in America Invents Act, Damages, estoppel, Ex Parte Prosecution, ex parte reexamination, future damages, inter partes reexamination, inter partes review, Litigation, past damages, Patent Reform, Post Grant Review, PTAB, reexamination generally
Tagged Bianchi, claims, damages, estoppel, ex parte prosecution, ex parte reexamination, inter partes reexamination, inter partes review, intervening rights, issued patent, past damages, patent, patent claims, patent litigation, patent prosecution, patent reform, petition, PGR, post-grant review, reexam, reexamination, substantive amendment, Tim Bianchi
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