Category: United States Patent & Trademark Office
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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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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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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.
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Acer divests U.S. communications patent to NPE amid Nokia, Ericsson litigation
Acer has recently reassigned one of its electronics-related patents to a U.S. non-practising entity, according to the United States Patent and Trademark Office’s assignment records, as the company continues to battle Nokia patent infringement claims and bring its own against Ericsson.
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USPTO, DOJ file 3rd joint pro-injunction brief since June in standards-RELATED but NOT undisputedly standard-ESSENTIAL patent case: next stop Wilus v. Askey?
Patent holder Collision said that its patents-in-suit were not standard-essential and Samsung did not raise a FRAND defense, but Collision later made infringement arguments that were standards-related.
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Federal Circuit’s incredible multiverse: dead patent claim gets fictionally resurrected to justify part of $40M+ damages award
This is the oddest Federal Circuit ruling in a long time. Most of it is anything but odd, but allowing a patentee to capture the value of invalidated claim elements is remarkable.