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Category Archives: America Invents Act
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
New PTAB Rule Changes Published Yesterday
A small number of rule changes were published yesterday which affect all involved in post-grant trials at the USPTO. The fixes make the rules more specific and make for more uniform proceedings. They are effective May 19, 2015. A copy of … Continue reading
Posted in America Invents Act, Future of PTAB Trial Practice, Patent Reform, PTAB, PTAB Patent Trials
Tagged new rules, PTAB
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Are Your Patent Procurement Guidelines Outdated?
I saw a bumper sticker that said: “Change is inevitable, but growth is optional.” This is true in many facets of life, and it is true for patent practice. The changes of the past few years are numerous and … Continue reading
Posted in America Invents Act, Future of PTAB Trial Practice, Litigation, Post Grant Review, PTAB Patent Trials
Tagged Bianchi, CBM, claims, covered business method, ex parte reexamination, inter partes review, IPR, issued patent, litigation, patent claims, patent litigation, patent reform, patent trial and appeal board, PTAB, Tim Bianchi
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Target Wins Rehearing of IPR Joinder Decision with Expanded Panel
Last fall, the Patent Trial and Appeal Board (PTAB or Board) interpreted the IPR joinder provision, 35 U.S.C. § 315(c), to require joinder requests by a non-party to an ongoing proceeding. (Target Corp. v. Destination Maternity Corp., IPR2014-00508 and IPR2014-00509.) Prior to that decision, the Board … Continue reading
Posted in America Invents Act, inter partes review, IPR Joinder, Joinder of AIA Proceedings, Joinder of Parties Post-petition, Joinder Post AIA, Mandamus Actions in the Federal Circuit, PTAB, PTAB Patent Trials
Tagged 314(d), 315(c), Bianchi, federal circuit, In re Cuozzo, inter partes review, IPR, issue joinder, issued patent, party joinder, patent, patent reform, patent trial and appeal board, Post Grant Review, PTAB, Tim Bianchi
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In re Cuozzo Speed Technologies: Federal Circuit Affirms Board Finding of Unpatentability in First IPR
The Federal Circuit affirmed the final determination of the Board in the first inter partes review under the Leahy-Smith America Invents Act (AIA). Garmin petitioned for IPR of claims 10, 14 and 17 of U.S. Patent No. 6,778,074 owned by Cuozzo … Continue reading
Posted in America Invents Act, Broadest Reasonable Interpretation standard, claim challenges, Claim Construction, Federal Circuit, inter partes review, Mandamus Actions in the Federal Circuit, prior art, PTAB Patent Trials, reexamination generally
Tagged appeal, Bianchi, claims, ex parte reexamination, federal circuit, inter partes review, IPR, litigation, patent, patent claims, patent litigation, patent trial and appeal board, PTAB, reexamination, Tim Bianchi
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The Settlement Effect of PTAB Proceedings and Recent Patent Office Trial Statistics
December 29, 2014 The Patent Trial and Appeal Board (PTAB) released statistics for AIA Patent Office trials as of Dec. 18, 2014. Different commentators have recently reported that the institution rate for these proceedings has dropped to about 60-70 percent, depending … Continue reading
Posted in America Invents Act, Future of PTAB Trial Practice, inter partes review, Litigation, petitions practice, Post Grant Review, PTAB, PTAB Patent Trials, Settlements in Post-Grant Proceedings, Termination of Post-Grant Proceedings
Tagged Bianchi, CBM, covered business method, Early Settlement, inter partes review, IPR, patent, patent trial and appeal board, PGR, Post Grant Review, PTAB, settlement, Settlement Effect of Post Grant Proceedings, Tim Bianchi
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