Category: Patent Trial & Appeal Board
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Multiple amicus briefs filed after Google’s Supreme Court petition questioning USPTO’s “settled expectations” approach
Google argues the agency “has exceeded its statutory authority” in refusing to review patents in force for more than six years.
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Federal Circuit reverses fee award and sanctions based on broad scope of what is purely lack of merit
The Federal Circuit affirmed dismissal of mCom’s banking patent suits and upheld invalidity findings against the remaining asserted claims, but reversed both the fee award and the sanctions imposed against counsel, reiterating that unsuccessful patent litigation alone does not establish exceptional or abusive conduct.
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USPTO Director provides comprehensive explainer on discretionary denials policy in new decision
The Magnolia decision has essentially been used as a vehicle to communicate the USPTO’s evolving line on discretionary denials, offering detail for patentees and petitioners alike.
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USPTO Director dismisses more inter partes reviews under new rules against petitioners taking different positions on validity in court
Director John Squires is continuing to intervene to stop what he and others see as “bad faith” use of IPRs.
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The view from abroad: Korean companies have “urgent need” to revise U.S. strategies in face of evolving USPTO policy on inter partes reviews
The changes under Director John Squires are not going unnoticed in other major tech economies.
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IPR petitions hit lowest-ever monthly total in April as new USPTO policies take hold
Meanwhile, requests for ex parte re-examination have skyrocketed to their highest number in years.
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FedEx can fight another day in Qualcomm dispute, as Federal Circuit considers IPR real-parties-in-interest
The USPTO withdrew its initial defense of the PTAB’s refusal of FedEx’s arguments around real parties in interest.
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Google petitions U.S. Supreme Court over Patent Trial & Appeal Board “settled expectations” denials
Google’s petition is likely to attract amicus briefs from other companies that are finding it increasingly difficult to get inter partes reviews instituted.
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Google’s PTAB barrage against K.Mizra draws hold-out accusation in latest filing
K.Mizra urged the PTAB to discretionarily deny Google’s IPR petition on a patent, arguing the tech giant is multiplying proceedings to harass a smaller licensing firm.
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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.