As I predicted a few weeks back, the Patent Trial & Appeal Board is now moving Proppant Express Investments, LLC, Proppant Express Solutions, LLC v. Oren Technologies, LLC, (IPR2018-00914) to the Precedential Opinion Panel (POP).
For those seeking Patent Trial & Appeal Board (PTAB) related CLE/programming this month, the PTAB itself is hosting a Boardside Chat webinar this Thursday,
Efficiency Considerations Determined at the Time of Institution
In deciding the meaning of this term the Court reviewed the record of earlier concluded IPR proceedings.
Four years ago, a divided panel of the Patent Trial & Appeal Board (PTAB) denied issue joinder under 35 U.S.C. § 315(c) as a matter of law
The doctrine of assignor estoppel bars the assignor of a patent from challenging the validity of the patent after it is assigned.
A few weeks back, the USPTO published a Request for Comments (RFC) (here) on a proposed procedure for motions to amend in AIA Trial Proceedings.
The risk of an early, negative determination will only put the Patent Owner in a worse position by undermining any settlement value to amended claims.
These advantages are not insignificant in today's patent monetization landscape.
Covered Business Method (CBM) challenges have fallen out of favor with petitioners.
A Patent Owner may only avail itself of an IPR estoppel defense in court upon demonstrating that a competent prior art search would have uncovered the art that is asserted post-IPR (i.e., raised or reasonably could have raised during the IPR. 35 U.S.C. § 315(e)(2)).
As predicted last week, the final rule package to switch the to the Phillips claim construction for AIA trial proceedings at the Patent Trial & Appeal Board (PTAB) will publish Thursday.
Phillips Claim Construction Rule Imminent
Some months back the Patent Trial & Appeal Board (PTAB) proposed dropping the broadest reasonable interpretation (BRI) in favor of the so-called "Phillips construction" of the courts.
The POP itself will include the Director, the Commissioner for Patents, and the Chief Judge of the PTAB.
Based on Mondaq users readership, this author is ranked as Very Popular in United States for the topics, user groups and industry sectors listed below:
Industry
Utilities* Rankings are based on analysis of the last 12 months of Mondaq readership data across more than 25,000 contributing authors. To be ranked ‘Very Popular’ an author must be in the top 20% of results within the selected criteria.
