Combatting Lack of Assignor Estoppel in IPRs (Maybe)
By Marlee Hartenstein and Matt Johnson - Assignor estoppel is an equitable doctrine that prevents a party who assigns a patent to another from later challenging the validity of the assigned patent. As reported in a prior post, the Federal Circuit recently stated...
Do Only Certain IPR Petitioners Have Standing To Appeal Adverse PTAB Decisions?
By John Marlott - Estimates are that roughly 80% of IPRs involve a challenge to a patent being asserted against the petitioner in a district court litigation. Typically, in those IPRs, if the litigation-defendant-petitioner loses at the PTAB, there is no...
PTAB November Statistics
By Matt Johnson – The PTAB’s November statistics confirmed the expected jump in PTAB filings in November, with many petitioners seeking to file petitions before the changeover from the BRI to Phillips claim construction standard. 212 petitions for IPR,...
PTAB Denies Stay Pending Sovereign Immunity Cert Petition
By Tom Ritchie and Matt Johnson In Microsoft Corp. v. Saint Regis Mohawk Tribe, the PTAB refused to stay ten IPRs filed by Microsoft while Patent Owner St. Regis appeals a Federal Circuit decision that tribal sovereign immunity cannot be asserted in an IPR proceeding....
Sen. Hatch Introduces Hatch-Waxman Integrity Act
Sen. Orrin Hatch has introduced a bill that would augment the Hatch-Waxman Act, limiting challengers ability to proceed with patent challenges both in court and at the PTAB. Following is the introduction of the "Hatch-Waxman Integrity Act of 2018." The full text of...