Keeping informed of the nuances, the impact of decisions and new rules, and the new shades of interpretation of the rules for PTAB trials can consume a great deal of both your time and effort. In PTAB Trial Insights, Foley attorneys, with experience in various proceedings across Tech Centers, will analyze and assess the particulars of the latest developments, providing you with the most current evaluation of each situation and how it may affect your patent protection and enforcement strategies.
Articles: 1-10 of 48
PTAB Grants Rare Request for Additional Discovery In IPR
USA - October 26 2017 In Mylan v. Allergan (IPR2016-00127, Paper No. 73), the PTAB granted a rare request for discovery filed be Petitioner in response to summaries of data…
CAFC Eases Amendment Process In IPR Proceedings
USA - October 4 2017 Today in Aqua Products, Inc. v. Matal, a fractured Court of Appeals for the Federal Circuit (CAFC) t sitting en banc decided to flip the burden of…
Pharma Patents Assigned to Indian Tribe to Thwart Inter Partes Review
USA - September 11 2017 As we have previously reported, sovereign immunity of state universities (who are instruments of state government) has been used to avoid IPRs under…
Federal Circuit Finds No Standing Requirement For Appellees
USA - August 16 2017 In Personal Audio LLC v. Electronic Frontier Foundation, the Federal Circuit ruled that an IPR petitioner does not need to satisfy Article III…
Fairness in Evaluation: Federal Circuit Remand Back to Board For Failure to Fully Consider Petitioner’s Arguments Against Motion to Amend
USA - August 2 2017 In Shinn Fu Company of America, Inc. et al. V. The Tire Hanger Corp., Slip Op. 2016-2250 (Fed. Cir. July 3, 1997) (non-precedential), the Federal…
Are State-Owned Patents Immune From IPRs Under The Eleventh Amendment?
USA - July 18 2017 In separate non-precedential decisions issued by three different panels, the PTAB has permitted State University patent owners to invoke the Eleventh…
Supreme Court Grants Cert In SAS To Decide Required Scope Of PTAB Decision
USA - May 23 2017 On May 22, 2017, the Supreme Court granted certiorari in SAS Institute, Inc. v. Lee, where it has been asked to decide whether the PTAB is…
Key Trends In Pharmaceutical IPRs Filed By Generic Petitioners
USA - May 15 2017 We reviewed a sub-group of two hundred and four (204) IPRs filed by generic drug companies against pharmaceutical patents to assess PTAB outcomes and…
Is The Real IPR Institution Rate Higher When Petitioner Errors & Pre-Institution Settlements Are Considered?
USA - May 10 2017 We have previously noted that the increasing rate of pre-institution settlement may in part be responsible for the declining institution rate in IPR…
2017 Mid-Year Statistics Point to Continued Rise in IPR Petitions
USA - April 28 2017 March 31st marked the mid-point of the PTAB’s fiscal year and the release of mid-year statistics on AIA proceedings. The full report of the mid-year…
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