IPR

12 Mar: Chrimar Asks Supreme Court to Decide Whether PTAB Can Reverse Final Article III Judgments

Earlier this week, Chrimar Systems, Inc. filed a petition for certiorari asking the U.S. Supreme Court to take up a case on appeal from the U.S. Court of Appeals for the Federal Circuit. Chrimar is asking the nation’s highest court to answer the questi…

11 Mar: Patent Filings Roundup: Supercell Locked in Dispute with Gree, Vudu Fends off Uniloc, BASF PGRs Ingevity Patents

Every week, Unified Patents compiles all Patent Trial and Appeal Board (PTAB) and district court filings, lists them, and releases them daily to subscribers. Each Wednesday, IP Watchdog will post the list, with a handful of interesting cases highlighte…

18 Feb: Time to Close the Gap: Is the PTAB Looking at Prosecution Histories in IPRs?

If a recent decision denying institution of an inter partes review (IPR) is any indicator, the answer to the titular question seems to be no, the Board does not routinely review a challenged patent’s prosecution history—even when the history includes a…

16 Feb: Why eBay v. MercExchange Should, But Won’t, Be Overruled

As anyone who follows the United States Supreme Court knows, the Court has historically been extremely fond of taking important cases with cutting edge issues, only to dodge the real issues and address some insignificant procedural or hyper-technical i…

30 Jan: PTAB Refuses to Apply SAS Institute on Remand as Ordered by Federal Circuit, Federal Circuit Denies Rehearing

The Federal Circuit recently denied a petition by BioDelivery Sciences International, Inc. (BioDelivery) for a rehearing en banc following a refusal by the Patent Trial and Appeal Board (PTAB) to apply the Supreme Court’s decision in SAS Institute Inc….

28 Jan: PTAB Holds Packet Filtering Claims Unpatentable in Cisco/Centripetal Networks IPR

On January 23, the Patent Trial and Appeal Board (PTAB) issued a final written decision holding all claims (1-20) of U.S. Patent No. 9,160,713 B2 (the ‘713 patent) unpatentable. The ‘713 patent, owned by Centripetal Networks, Inc. (CN), was challenged …

15 Jan: Federal Circuit Affirms District Court Decision for CBS in Light of PTAB Invalidation

Last Friday, the Federal Circuit affirmed a district court decision that found for the CBS Corporation in its defense against infringement and invalidity as to three claims of U.S. Patent No. 8,112,504 owned by Personal Audio, LLC. While the jury initi…

15 Jan: Privacy Policies and the Value of Data in Bankruptcy Sales

The last few years have seen unprecedented changes in the legal landscape concerning data protection and privacy. The European Union General Data Protection Regulation (GDPR) became enforceable in May 2018. In July 2018, the California Consumer Privacy…

14 Dec: Federal Circuit Reverses PTAB’s Invalidity Decision Regarding a Wireless Communications Patent

In November, the Federal Circuit issued an opinion reversing the Patent Trial and Appeal Board’s (the PTAB or the Board) decision that claim 8 of IPR Licensing Inc.’s (IPRL) wireless communications patent—U.S. Patent No. 8,380,244 (the ‘244 Patent)—was…

12 Dec: Recent USPTO Update Provides Blueprint for PTAB Patent Challenge Process

Since the passing of the America Invents Act (AIA) and the implementation of the inter partes review (IPR) process, IPR has become a popular and important avenue for companies and individuals to challenge the validity of a patent in an administrative p…