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Articles by Benjamin E. Weed
Proposed PTAB Rules up for Comment
The USPTO on April 21, 2023 proposed a variety of changes to the pre-institution requirements and briefing process for post-grant proceedings, including both IPRs and PGRs. Among the proposed changes are broad amendments to the discretionary denial frameworks, which are intended to provide clarity, curb abusive litigation tactics, and generally align procedure with the objectives of the AIA. The deadline for submitting comments and suggestions related to these rules is June 20, 2023.
POP Provides Clarity Regarding Level of Proof for Printed Publications Before the PTAB | Lexology
The PTAB’s Precedential Opinion Panel (“POP”) issued a decision in Hulu, LLC v. Sound View Innovations, LLC, IPR2018-01039, on Friday, December 20, 2019. The issue at hand: “What is required for a petitioner to establish that an asserted reference qualifies as ‘printed publication’ at the institution stage?” Hulu v. Sound View, IPR2018-01039, Paper 29 at *2 (P.T.A.B. December 20, 2019).
St. Regis Mohawk Tribe Petition for Centiorari Denied | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
St. Regis Mohawk Tribe petition for centiorari denied | Lexology
On April 15, 2019, the Supreme Court of the United States denied the petition for certiorari filed by the St. Regis Mohawk Tribe. On July 20, 2018, the Federal Circuit upheld a finding by the Patent Trial and Appeal Board (PTAB) in St. Regis Mohawk Tribe v. Mylan Pharms. Inc., 896 F.3d 1322 (Fed. Cir. 2018) that tribal immunity did not extend to the agency proceeding before the PTAB known as an inter partes review (IPR). Id. at 1329.
US: Helpful Guidance From Judge Bryson Regarding Stays Pending IPR | Lexology
Judge Bryson of the Federal Circuit, sitting by designation in the Eastern District of Texas, issued one of the clearest articulations to date in favor of granting a stay pending inter partes review. Notably, in this case, claim construction had ended, discovery was nearly complete, and trial was set to begin in three months. The defendant, Samsung, had recently joined an instituted IPR covering six of the eleven asserted claims and moved to stay the district court proceeding.
Even in Estoppel and Dismissal Claims, One Year Bar Begins Tolling Immediately
On August 16, 2018, the U.S. Federal Circuit addressed when the inter partes review (IPR) time bar clock begins to tick. See Click-to-Call Tech. LP v. Ingenio, Inc., Slip Op. 2015-1242 (Fed. Cir. Aug. 16, 2018). The en banc Federal Circuit addressed whether the one year estoppel clock begins for a properly served complaint when the complaint is subsequently dismissed without prejudice. The panel found that the § 315(b) time bar applies.
U.S. Patent Case Update: IPR Proceedings
In a big day for inter partes review (IPR) at the U.S. Supreme Court, the Court issued two opinions, Oil States Energy Services, LLC v. Greene’s Energy Group, LLC et al. and SAS Institute Inc. v. Iancu et al. In Oil States, the Supreme Court held in a 7-2 decision that IPR proceedings are constitutional and do not violate Article III or the Seventh Amendment of the Constitution and that patent rights are public rights arising between the government and others.
Travel Sentry: Another Divided Infringement Case With a Lot of Baggage | JD Supra
The litigation between Travel Sentry and David Tropp received its third Federal Circuit opinion on December 19, 2017. [1] The opinion sheds further light on the Akamai decisions and reinforces the importance of context in properly applying both prongs of the divided infringement analysis.
“Waive” That Issue Goodbye: The Importance of Preserving Arguments and Developing a Full Record
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“Waive” That Issue Goodbye: The Importance of Preserving Arguments and Developing a Full Record
The Federal Circuit recently reminded litigants of the importance of developing a full record in district court and Patent Trial and Appeal Board (“PTAB”) proceedings. In Google Inc. v.
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