by Marc S. Blackman | Dec 21, 2018 | Estoppel
By Marc Blackman – The Federal Circuit recently affirmed final written decisions in two inter partes reviews by holding that the patent owner was collaterally estopped from relitigating the threshold issue of whether a prior art reference was a...
by Marc S. Blackman | Nov 15, 2018 | Discovery, PTAB Trial Basics
By Marc Blackman Discovery is limited in inter partes review proceedings. As we previously discussed here and here, discovery is available only “in the interest of justice,” and requests for discovery frequently are denied. Yet, a party may be aware of information...
by Marc S. Blackman | Sep 17, 2018 | Time Limits
By: Marc Blackman Timely IPR Petition A petition for inter partes review is timely if it is filed within one year of service of a complaint alleging infringement of the challenged patent on the petitioner, real party in interest, or privy of the petitioner. 35 U.S.C....
by Marc S. Blackman | Jul 28, 2018 | Trial Institution
By: Marc S. Blackman The PTAB recently exercised its discretion to deny institution of an IPR proceeding because a potentially dispositive claim construction issue was pending before the Federal Circuit. Comtech Mobile Datacom Corp v. Vehicle IP, LLC, Case...
by Marc S. Blackman | Jul 26, 2018 | Federal Circuit Appeal, PTAB News
By: Marc S. Blackman, Lisa L. Furby, and John Normile The Federal Circuit, in a matter of first impression, has ruled that tribal sovereign immunity does not apply to inter partes review (“IPR”) proceedings. Allergan, the maker of Restasis, a chronic...
