Category: Patent Trial & Appeal Board
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Supercomputer firm ParTec seeks discretionary denial of Microsoft’s PTAB IPR petition under Acting USPTO Director’s new bifurcated framework
A dispute over the architecture of server clusters used for AI could give rise to one of the first high-profile discretionary denials under Acting Director Coke Morgan Stewart’s new rules.
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Discretionary denials of PTAB inter partes reviews come back with a vengeance: Fintiv review inserted before potential merits proceedings
Within four weeks of her decision to rescind former USPTO Director Kathi Vidal’s memo narrowing the application of Fintiv, Acting Director Coke Morgan Stewart has taken another bold step favoring patentees.
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Japan’s Nippon Shinyaku vows to fight on in U.S. drug dispute against Sarepta Therapeutics, despite heavy $115 million blow
The Japanese pharma company initiated the drug patent litigation in 2021, but the case eventually boomeranged and a District of Delaware verdict last week ultimately handed Sarepta the win.
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Chinese medical device makers settle six-year pulse oximeter litigation in the U.S.
Beijing Choice and Contec settled their patent infringement dispute for US$1 million, and the defendant has agreed not to sell its fingertip oximeters in the U.S. without signing a licensing agreement first.
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$847 million patent verdict against Verizon; Ericsson on extended receiving end of $583M part, fighting patent at PTAB jointly with Nokia
Context: Hardly a month passes without a non-practicing entity (NPE) obtaining a patent damages verdict in the hundreds of millions of dollars in U.S. district court (May 11, 2024 ip fray article). What’s new: On Friday (June 28, 2024), a jury in the Eastern District of Texas awarded NPE General Access Solutions $847 million over…
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More than 95% of Netlist’s $445 million jury verdict against Micron is based on patent claim invalidated by PTAB
Netlist obtained a $445 million damages award from a Texas jury yesterday, but he bulk of it ($425 million) is based on a patent claim the PTAB recently invalidated.
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Federal Circuit denies fee-shifting with respect to PTAB IPR despite infringement case being exceptionally weak
Two Federal Circuit judges decided (but a district judge sitting by designation disagreed) that challenging a patent-in-suit in the PTAB, even if the IPR petition is brought after an infringement complaint, cannot give rise to fee-shifting.
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From $67.5M to $142M to $61M: roller-coaster damages award in Samsung SEP case as PTAB invalidates one of two patents
The patent that accounts for more than half of the $142M retrial verdict against Samsung has been invalidated by the PTAB.
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Supreme Court asked to clarify PTAB invalidation decisions have preclusive effect even if being appealed
The Federal Circuit apparently believes that its own affirmance of a PTAB invalidity finding has preclusive effect (even if the losing side could still petition for rehearing or certiorari), while a final PTAB decision does not.