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Patexia Insight 79: Impact of Coronavirus on IP and Patents

Coronavirus and its global impact have affected almost every sector of the economy. With all of the job losses and the continued lockdown in more than 80% of US cities, at this point...

Declaratory Judgement Loophole at PTAB?

Invalidity Counterclaims-In-Reply Will Not Trigger 35 U.S.C. § 315(a) Congress created IPR to provide a “quick and cost effective alternative[ ] to litigation.”  ...

Enjoining Speech and the Right to Allege Patent Infringement

MYCO INDUSTRIES, INC. v. BLEPHEX, LLC Before Newman, O’Malley, and Taranto. Appeal from the U.S. District Court for the Eastern District of Michigan Summary: Enjoining a...

New Edition of C.I.P.A. Guide to Patent Acts Published

This “Guide” is a 1528 page book published by the Chartered Institute of Patent Attorneys via Thomson Reuters, and edited by Paul Cole and Richard Davis. Of course, it...

Feed tagged as "ipr":
Invalidity Counterclaims-In-Reply Will Not Trigger 35 U.S.C. § 315(a) Congress created IPR to provide a “quick and cost effective alternative[ ] to... Read More »
The Fed. Cir. panel decision in Samsung Elec. Amer., Inc. v. Prisua Engineering Corp., Appeal No. 2019-1169, 2019-1260 (Fed. Cir., Feb. 4, 2020) flew under my... Read More »
Earlier this year, we analyzed the 2019 patent activities in Patexia Insight 74. Among our observations, we noticed a sharp decline in the number of IPR petitions... Read More »
Written by: Eric Malmgren & Hans L. Mayer APPLE INC. v. ANDREA ELECTRONICS CORPORATION Before Dyk, Plager, and Stoll.  Appeal from the Patent Trial... Read More »
Happy New Year! This morning, we released our first ITC Intelligence Report, where we looked at more than 7,000 attorneys, 400 law firms and 1,600 companies, measured ... Read More »
Reasonably Could Have Raised & Reasonably Diligent Prior to last year’s SAS decision, district courts split over whether non-petitioned grounds were... Read More »
In Arthrex, Inc. v. Smith & Nephew, Inc., Appeal No. 2018-2140 (Fed. Cir., Oct. 31, 2019), a three Judge Fed. Cir. panel of Moore, Reyna and Chen took a deep dive ... Read More »
A few weeks ago, we released our 3rd Annual IPR Intelligence Report. Several companies asked us to further explain how to use the Excel file came with the report for... Read More »
Over the last few weeks, we have been covering some of the firms and law firms with the largest growth or decline in IPR activity over the last five years. We are... Read More »
During the last couple of weeks, we have been covering law firms that had the largest decline (Patexia Insight 66) or growth (Patexia Insight 67) in their IPR... 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 »
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 »
New Decisions Provide Guidance on Discretionary Denials The Patent Trial & Appeal Board (PTAB) has been steadily rolling out new precedent since establishing... 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 »
On Wednesday, Senator Coon—of 101 hearings fame—and five co-sponsors introduced the Stronger Patents Act in the Senate (“Support Technology &... 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 »
Interactions During Preliminary Proceeding Can Doom PTAB Filing Since last summer’s decisions in Applications in Internet Time, LLC v. RPX Corp., and Worlds ... Read More »
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