Tag Archives: IPR

On June 20, 2016, the Supreme Court issued its decision in Cuozzo Speed Technologies, LLC v. Lee.  One of the questions presented to the Court was the appropriate claim construction standard for inter partes review (IPR).  The fundamental dispute, as … Continue reading

Posted in Intellectual Property, Patent Litigation, PTAB | Tagged , , , , , , , , , , , , , , , , | Comments Off on The Cuozzo Conundrum: Prosecution History Estoppel Remains An Open Issue

In In re Cuozzo Speed Technologies, LLC,[1] the first ever appeal of the final written decision from an inter partes review (“IPR”) before the Patent Trial and Appeal Board (“PTAB” or the “Board”),[2] the Federal Circuit decided two novel and … Continue reading

Posted in Patent Litigation | Tagged , , , , , , , , , , , , , , , | Comments Off on Not So Fast: Split Federal Circuit Panel Sided with PTO on Novel IPR Issues

For patent infringement defendants filing an Inter Partes Review (“IPR”) petition to challenge the validity of the patents asserted against them has become popular, largely because of the high rate of patents rendered invalid as a result of the petitions.  … Continue reading

Posted in Patent Litigation | Tagged , | Comments Off on Joinder Denied: The Ins And Outs Of Filing And Joining IPR Petitions On A Timely Basis

Hatch-Waxman Litigation in a Nutshell Hatch-Waxman litigation refers to pharmaceutical patent litigation between a brand drug manufacturer and a generic drug manufacturer under the Hatch-Waxman Act (“Act”). The Act was enacted to facilitate generic drug entry into the market while … Continue reading

Posted in Patent Litigation | Tagged , , , , , , , | Comments Off on Emerging Impact of Inter Partes Review on Hatch Waxman Litigation – A Primer

By now, most patent practitioners are quite familiar with the post-grant patent proceedings (e.g., IPR, PGR, CBM) newly established by the AIA, and their key features, such as the stay and estoppel provisions.  Numerous courts have addressed the issue of … Continue reading

Posted in Intellectual Property, Patent Litigation, PTAB | Tagged , , , , , , , , , , , , , | Comments Off on Estoppel effects of post-grant patent proceedings under the AIA.