by Emily Tait | Feb 20, 2019 | Estoppel
By Emily Tait – When an IPR petition results in a final written decision, the IPR petitioner (or the petitioner’s real party in interest or privy) is estopped from asserting in a civil litigation or an ITC action that “the claim is invalid on any ground that...
by Emily Tait | Feb 6, 2019 | PTAB News
By Emily Tait Since April 2018 when the U.S. Supreme Court handed down its Oil States decision, patent owners have made various arguments addressing issues that were not resolved in that case. One such example is Christy, Inc. v. United States, Case No. 1:18-cv-00657...
by Emily Tait | Nov 8, 2018 | Other News, PTAB Trial Basics
By: Emily Tait UPDATE: Oral Argument was held in this case in February 2019. On October 26, 2018, the Supreme Court granted certiorari in Return Mail, Inc. v. United States Postal Service, et al. (17-1594) to address whether the U.S. government is a “person” who may...
by Emily Tait | Aug 24, 2018 | PTAB Trial Basics, Time Limits
By: Emily Tait A recent decision by the Patent Trial and Appeal Board (“PTAB”) denying a petition for inter partes review serves as a stark reminder of the oft-repeated truism, “don’t wait until the last minute.” See VIZIO, Inc. v. ATI Techs. ULC, Case IPR2018-00560...
by Emily Tait | Jul 11, 2018 | Other News
By: Emily Tait and Lauren Willens UPDATE: In October, the Supreme Court granted the Petition in this case. The America Invents Act (“AIA”) provides that a “[a] person may not file a petition for [covered business method review] unless the person or the person’s real...
