Category: Patent & Other IP Offices
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UPC Milan LD stays Spanish long-arm infringement claim pending national revocation: a first
The UPC’s Milan LD confirmed long-arm jurisdiction over Spanish distributor Motocard, but stayed the infringement claim for Spain pending a national revocation action, the first such stay by the UPC.
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PTAB invalidates Trina Solar’s TOPCon patents, ending parallel U.S. proceedings against Canadian Solar
The PTAB invalidated all claims of two TOPCon patents asserted by Trina Solar against Canadian Solar. The rulings effectively halt the parallel U.S. proceedings, leaving appeal as the only path forward.
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Federal Circuit revisits standing under U.S. Constitution’s Article III in post-grant appeals
The Federal Circuit dismissed ironSource’s appeal of a PTAB post-grant review, ruling it lacked standing. The court said potential infringement exposure under substitute claims falls short of a concrete “injury in fact”.
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PTAB abused discretion by staying reexamination that favored patentee, Proxense tells Federal Circuit
Licensing firm Proxense has appealed a PTAB decision to stay a reexamination that was on the verge of finding patentability and instead found such findings to be moot, allegedly breaching the APA.
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TikTok gets Tianma treatment from USPTO Director Squires: seven IPR institutions vacated
Squires has now halted another set of IPRs on the basis that petitioner TikTok failed to establish whether a foreign government is a real party in interest.
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An interview with Proxense CEO John GiobbiÂ
“Litigation has been the path we’ve had to take because the tech giants today just aren’t willing to license patents that they infringe unless you sue them and take them to the mat,” Mr. Giobbi told ip fray about the former operating company (now patent assertion entity) in an exclusive interview.
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UPC Munich LD proceeds with expert evidence on infringement despite EPO opposition panel’s revocation decision
The UPC’s Munich Local Division denied a stay of infringement proceedings despite the EPO having revoked the patent.
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USPTO Director Squires announces new ex parte reexamination measure to make patent revocation harder
The U.S. patent market has split reactions over the new process, which is designed to help the USPTO “efficiently and effectively” address the recent increased volume of ex parte reexamination requests.
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An overview of China’s patent proceedings
ip fray provides an overview of CNIPA patent administrative proceedings, including procedural steps, review processes, and key features – as well as the interaction between the patent infringement and administrative proceedings.
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USPTO Director Squires looks at PTAB IPR petitions through national security as well as economic policy (domestic manufacturing) lens
USPTO Director John A. Squires has recently issued a memorandum to PTAB users and a precedential denial of institution of an inter partes review. In either context, PTAB IPRs are put into a broader policy context.