The PTAB has been grappling with how to manage IPR petitions for patents that are also being challenged in federal district court, particularly when the district court is set to determine the patent validity prior to the...more
8/26/2020
/ §314(a) ,
Apple ,
Denial of Institution ,
Inter Partes Review (IPR) Proceeding ,
Parallel Proceedings ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patent Validity ,
Patents ,
Precedential Opinion ,
Trial Practice Guidance
On December 11, 2019, the PTAB designated two additional decisions as “informative.” Such informative decisions are not binding on subsequent panels, but are meant to provide guidance on recurring issues encountered by PTAB...more
1/9/2020
/ Burden of Proof ,
Combined References ,
Evidentiary Standards ,
Final Written Decisions ,
Inter Partes Review (IPR) Proceeding ,
Obviousness ,
Patent Infringement ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patent Validity ,
Patents ,
POSITA ,
Post-Grant Review ,
Prior Art
ENDO PHARM, INC., v. ACTAVIS LLC -
Before Wallach, Clevenger, and Stoll. Appeal from the United States District Court for the District of Delaware....more
A preliminary decision in the District Court of Delaware introduces the possibility that a patentee’s victory on assignor estoppel in the district court could quash a co-pending IPR proceeding at the PTAB. Assignor estoppel...more
1/23/2019
/ Appeals ,
Assignment of Inventions ,
Assignor Estoppel ,
Concurrent Litigation ,
Final Written Decisions ,
Inter Partes Review (IPR) Proceeding ,
Inventors ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patent Validity ,
Patents ,
Summary Judgment
Federal Circuit Summaries -
Before Reyna, Linn, and Hughes. Petition for Writ of Mandamus from the District Court for the Eastern District of Texas.
Summary: A corporation incorporated in a state having multiple...more
Federal Circuit Summaries -
Before Reyna, Wallach, and Stoll. Appeal from the United States District Court for the Middle District of Georgia.
Summary: A complaint that attaches the asserted patents, specifically...more
A magistrate judge in the Eastern District of Texas recommended in Biscotti, Inc. v. Microsoft Corp., No. 2:13-CV-01015, DI 191 (E.D. Tex. May 11, 2017) that Microsoft should be estopped from asserting invalidity grounds that...more
5/19/2017
/ Concurrent Litigation ,
Estoppel ,
Inter Partes Review (IPR) Proceeding ,
Microsoft ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Prior Art ,
Stays