Category: Patent Trial & Appeal Board
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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.
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“Limited” UPC impact on global pharma patent strategies, interim licenses debate, “seismic” changes at the PTAB: highlights from Patent Litigation Europe
An overwhelming consensus that life sciences companies prefer to litigate in parallel national courts rather than in the UPC, and an intense debate about the use of interim licenses over arbitration, were among the highlights of the second and third days of Kisaco’s annual Patent Litigation Europe in Amsterdam this week.
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Canadian Solar gains victory in U.S. solar panel infringement dispute against Maxeon: all patents-in-suit invalidated
The USPTO PTAB has invalidated three of Maxeon’s solar panel technology patents, granting Canadian Solar a major win in the ongoing solar panel patent infringement wars.
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USPTO Director Squires continues pro-patent enforcement march: IPR petition institutions remain low, submits first-ever public ITC comments
The United States Patent and Trademark Office’s low institution rate, together with its first-ever public comments to a United States International Trade Commission (ITC) investigation endorsing the ITC as a forum for adjudicating patents, underline Director John A. Squires’s pro-patent and pro-patent enforcement agenda.
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Federal Circuit tells petitioners that IPR denials are unreviewable regardless of reliance on agency guidance in place at time of filing
A precedential decision reinforces the unreviewability of the USPTO Director’s decisions to deny (or vacate a decision to institute) inter partes reviews.
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AIA & AIA: Director Squires issues America’s Innovation Agency memo to take charge of IPR institution decisions under America Invents Act
USPTO Director John A. Squires wants to put an end to the PTAB’s tendency to institute IPRs for career and institutional motives.
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USPTO Director Squires proposes rules that would marginalize PTAB IPRs: market value of “born strong” U.S. patents to rise
Director Squires has proposed new rules for the PTAB that do not merely complicate but simply prevent serial challenges to patent, even on different grounds. And not only that.
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Samsung ordered to pay $445 million in U.S. wireless standards-related infringement dispute: jury verdict
The Eastern District of Texas has issued a jury verdict ordering Samsung to pay over $445 million in damages for infringing four of non-practising entity Collission’s wireless communication standard-essential patents.
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Squires on fire: revived patent post-PTAB, declared expert unreliable, took procedural route that may have closed door to appeal
Based on an expert’s lack of credibility in his eyes, Director Squires not only terminated the PTAB proceedings without a remand but also made it difficult (or impossible) to appeal,
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Federal Circuit partly grants Bayer second chance in defending rivaroxaban patent invalidation campaign
The Federal Circuit has partly affirmed and partly vacated a United States Patent and Trademark Office’s Patent Trial and Appeal Board decision that deemed one of Bayer’s rivaroxaban-related patents invalid, in a three-year case initiated by rivals Mylan Pharmaceuticals, Teva Pharmaceuticals, and Invagen Pharmaceuticals.