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Innovation, Technology, and IP News

Second Chances From the Second Circuit: Tiffany’s $21m Judgment Is Overturned and Remanded Back to the SDNY

The U.S. Court of Appeals in the Second Circuit found in favor of Costco in the latest chapter of an over seven-year legal battle between Tiffany and Co...

White House Pushes Back on PTAB Rule Making Effort

Agency to Consider Further Public Comment Over the past few months, Congress has been asked to investigate the Patent Trial & Appeal Board’s (PTAB) practice of denying AIA...

Patent Litigation Up 23 Percent in Q3

The third quarter of 2020 is over and despite the pandemic, so far this year has been one of the more active years for patent litigation. District court patent litigation was up 23...

Fresh From the Bench: Latest Federal Circuit Court Cases

CASE OF THE WEEK Immunex Corp. v. Sanofi-Aventis U.S. LLC, Appeal Nos. 2019-1749, -1777 (Fed. Cir. Oct. 13, 2020) In our Case of the Week, the Federal Circuit addressed the...

Feed tagged as "ptab":
Joinder Estoppel Narrower Than Original Petition Estoppel Court’s have struggled with the meaning of the “reasonably could have raised” aspect... Read More »
PTAB Seeks Public Input Based on stakeholder feedback, the Patent Trial and Appeal Board (PTAB) has added an online form (here) to the USPTO website that allows... Read More »
Transitional CBM Challenge Program Sunsets Today The America Invents Act (AIA) placed an expiration date on Covered Business Method (CBM) challenges.  That... Read More »
SECURITY PEOPLE, INC. v. IANCU Before Lourie, Wallach, and Hughes.  Appeal from the United States District Court for the Northern District of California... Read More »
The PTAB has been grappling with how to manage IPR petitions for patents that are also being challenged in federal district court, particularly when the district... Read More »
If the PTAB Fee Model is Biased, Patent Owners Have Much Bigger Problems Recently, a due process challenge has been raised to the PTAB fee model in New Vision... Read More »
CAFC Refuses Remand on 112 6th Deficiencies When challenging claims at the Patent Trial & Appeal Board (PTAB), Rule 42.104(b)(3) requires a Petitioner to... Read More »
FANDUEL, INC. v. INTERACTIVE GAMES LLC Before Dyk, Moore, and Hughes.  Appeal from the Patent Trial and Appeal Board. Summary: The Board does not violate ... Read More »
AUSTRALIAN THERAPEUTIC v. NAKED TM, LLC Before O’Malley, Reyna, and Wallach. Appeal from the Trademark Trial and Appeal Board Summary:  Standing to ... Read More »
Delaware Cases Slipping 4-6 Months The practice of denying AIA trial petitions in view of competing district court trial dates has brought some negative attention ... Read More »
Settlement by Amendment Scenario Thwarted in PTAB Rehearing Reversal Last March, I explained the strange scenario playing out in ZTE USA Inc., & LG... Read More »
Roughly 10% of AIA Proceedings Involve Amendments Earlier this week the Patent Trial & Appeal Board (PTAB) released the sixth installment of its Motion to... Read More »
House and Senate Judiciary Committees Alerted to “Significant and Rapidly Growing Problem” Earlier this month, a coalition of stakeholder... Read More »
Board Acknowledges Slipping WDTX Trial Date Some weeks back I highlighted the institution decision in Sand Revolution II LLC., v. Continental Inter Modal Group... Read More »
PTAB Appeals Focused on Merits The SCOTUS re-calibrated the PTAB’s appeal bar in Thryv, Inc v. Click-To-Call Techs., LP., explaining that potential... Read More »
LEAP Program Launches 5/15 Today, the USPTO officially launched the Patent Trial and Appeal Board’s (PTAB) Legal Experience and Advancement Program (LEAP)... Read More »
A few weeks ago, for the first time, we compared the cost of patent prosecution for Apple’s top firms (Patexia Insight 77). One of our readers asked if we could ... Read More »
Public Policy Role of PTAB Clashes with Assignor Estoppel Equities The doctrine of assignor estoppel prevents prior owners/inventors of a patent from later... Read More »
SCOTUS Clarifies PTAB Institution Issues Not Subject to Appeal Back In December I pointed out that the SCOTUS would likely tighten the PTAB appeal bar in Dex... Read More »
Additional Briefing Invited on Binary Application of NHK Last week I pointed out that the litigation timing factor introduced by NHK Spring Co. Ltd. v. Intri-Plex ... Read More »
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