Senate Bill for STRONGER Patents Act Aims to Address Key PTAB Patent Owner Woes
By Doug Pearson On June 21, Senators Chris Coons (D-Del), Tom Cotton (R-Ark), Dick Durbin (D-Ill), and Mazie Hironoa (D-Hawaii) introduced a bill entitled the “Support Technology & Research for Our Nation’s Growth and Economic Resilience Patents Act of 2017” (or...
Federal Circuit Denies Motion to Stay Pending Supreme Court Decision in Oil States
By Josh Nightingale and Matt Johnson On June 12, 2017, the U.S. Supreme Court granted certiorari in Oil States Energy Servs., LLC v. Greene’s Energy Group, LLC, to decide whether inter partes review (IPR) violates the Constitution by extinguishing patent rights...
Be Careful Basing Your IPR On Previously Considered Prior Art
By Dave Maiorana It is not always possible for a party seeking to challenge a patent in an IPR to find prior art patents or printed publications that the USPTO has not already considered. Often the best available prior art comes from the references cited to (or by)...
PTAB Denies Timely, Relevant Supplement to Petition
By Christian Damon and John Marlott By rule, a petitioner may request permission from the Board to submit supplemental information in an IPR proceeding if: (1) the request is filed within one month of the Board’s institution decision, and (2) the supplemental...
Are Inter-Partes-Review Proceedings Constitutional? Supreme Court Will Weigh In
By Greg Castanias, Sasha Mayergoyz, and Stuart Yothers Today, the Supreme Court agreed to hear a challenge to the constitutionality of inter partes review. In Oil States Energy Services v. Greene’s Energy Group, No. 16-712, the Court agreed to decide this question: ...