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MTD PRODUCTS INC. V. IANCU Before Reyna, Taranto, and Stoll.  Appeal from the PTAB. Toro petitioned for IPR of an MTD Products patent relating to... Read More »
Issue Joinder on the Way Out? As discussed some months back, the Patent Trial & Appeal Board’s (PTAB) new Precedential Opinion Panel (POP) decided its... Read More »
Acantha LLC sued Depuy Synthes Sales Inc. and DePuy Synthes Products, Inc., alleging that Depuy’s Vectra and Zero-P VA products infringe U.S. Reissued Patent... Read More »
Precedential Opinions & Trial Guide? The Federal Circuit’s en banc opinion in In re Aqua Products was as massive as it was unfulfilling. This was due... Read More »
Last week we reviewed the firms with the largest decline in their IPR activity over the last five years (2014 to 2018), attempting to find a theory behind each drop... Read More »
CASE OF THE WEEK Genetic Veterinary Sciences, Inc. v. LABOKLIN GMBH & Co. KG, Appeal No. 2018-2056 (Fed. Cir. Aug. 9, 2019) Our case of the week features... Read More »
The first Inter-Partes Review (IPR) was filed about seven years ago on September 16, 2012. A few firms were quick in leading the way and grabbing market share as IPR... Read More »
ATEN INTERNATIONAL CO., LTD. v. UNICLASS TECHNOLOGY CO., LTD. Before Moore, Wallach, and Taranto.  Appeal from the United States District Court for the... Read More »
New Decisions Provide Guidance on Discretionary Denials The Patent Trial & Appeal Board (PTAB) has been steadily rolling out new precedent since establishing... Read More »
CASE OF THE WEEK Celgene Corporation v. Laura A. Peter, Appeal Nos. 2018-1167, -1168, -1169, -1171 (Fed. Cir. July 30, 2019) In this week’s Case of the... Read More »
Predictably, the USPTO has proposed increasing fees for about every piece of “paper” they receive/require. While most of the increases are in the 5-10%... Read More »
Takings Challenge to IPR Fails Since the Supreme Court’s decision in Cuozzo Speed, there has been speculation that there may be an opportunity to attack AIA ... Read More »
CASE OF THE WEEK Automotive Body Parts Ass’n. v. Ford Global Techs., LLC, Appeal No. 2018-1613 (Fed. Cir. July 23, 2019) Our case of the week is a... Read More »
A jury determined that Benton Energy Service Co. infringed a patent for improved drilling in offshore oil wells owned by Cajun Services Unlimited.  The jury also ... Read More »
A couple of weeks ago, we reported the quarterly numbers for patent litigation. To our surprise, we noticed a 22 percent jump in district court patent litigation in... Read More »
On Wednesday, Senator Coon—of 101 hearings fame—and five co-sponsors introduced the Stronger Patents Act in the Senate (“Support Technology &... Read More »
On July 14, 2019, the USPTO published a second update to the AIA Trial Practice Guide with additional guidance about trial practice before the Board.  This... Read More »
CASE OF THE WEEK General Electric Co. v. United Techs. Corp., Appeal No. 2017-2497 (Fed. Cir. July 10, 2019) The Case of the Week focuses on standing to bring ... Read More »
Non-precedential Decision Faults Long-Standing PTAB Practice Securing additional IPR discovery at the Patent Trial & Appeal Board is a challenge. This is... Read More »
After many years of continued decline, we observed for the first time, a significant reversal in the trend in the second quarter of 2019. In Q2, a total of 1,013... Read More »
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