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Post Markman IPR filing displeases court

Oblon Spivak McClelland Maier & Neustadt LLP
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USA
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May 10 2013

The primary business distinctions between the USPTO Patent Trial & Appeal Board (PTAB) proceedings and traditional court based patent invalidity

Patentee seeks injunction against USPTO to stop IPR proceeding

Oblon Spivak McClelland Maier & Neustadt LLP
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USA
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May 7 2013

Every time Congress has tasked the USPTO with conducting a new post grant patent proceeding the agency finds itself fending off legal challenges to

Limited PTAB discovery frustrates district court litigators

Oblon Spivak McClelland Maier & Neustadt LLP
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USA
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May 1 2013

Parties to an Inter Parties Review (IPR) proceeding may obtain “limited discovery” at the USPTO’s Patent Trial & Appeal Board (PTAB). Such discovery

Stays pending USPTO review to increase as a result of speedier AIA options

Oblon Spivak McClelland Maier & Neustadt LLP
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USA
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April 29 2013

The primary business distinctions between the USPTO Patent Trial & Appeal Board (PTAB) proceedings and traditional court based patent invalidity

Is it malpractice to file a declaratory judgment of invalidity after the AIA?

Oblon Spivak McClelland Maier & Neustadt LLP
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USA
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April 26 2013

The face of patent litigation in the U.S. was forever changed on September 16, 2012. This was the date the post grant patentability trials of the

First covered business method hearing broadcast Wednesday

Oblon Spivak McClelland Maier & Neustadt LLP
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USA
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April 15 2013

As discussed last week, the very first petition for a Covered Business Method Patent Challenge (CBM) was filed on September 16th by SAP

How long before my PTAB trial is instituted?

Oblon Spivak McClelland Maier & Neustadt LLP
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USA
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April 4 2013

Since September 16th 2012, the USPTO has received roughly 207 petitions for patentability trials of the America Invents Act (AIA) 11 CBMs and 190 IPRs

USPTO sued over first covered business method patent challenge

Oblon Spivak McClelland Maier & Neustadt LLP
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USA
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March 29 2013

The very first petition for a Covered Business Method Patent Challenge (CBM) was filed on September 16th by SAP (CBM2012-00001). The petition (here

New Jersey solves patent troll problem

Oblon Spivak McClelland Maier & Neustadt LLP
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USA
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March 28 2013

Non-practicing entities or “patent trolls” are generally those plaintiffs that seek to enforce patent rights against an industry in which they

CAFC denies discovery in inter partes patent reexamination dispute

Oblon Spivak McClelland Maier & Neustadt LLP
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USA
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March 21 2013

As predicted based upon the earlier oral argument, the Federal Circuit closed the door on the potential for discovery in inter partes patent