PTAB Makes Dispositive Case Rulings Available Daily
The PTAB has introduced a new page where case-dispositive rulings are posted on a daily basis. This page facilitates a quick review of Final Written Decisions, Settlements, and Adverse judgments issued today and the day before. The daily decisions page is described...
Federal Circuit Rejects PTAB Burden Shifting Scheme in IPR and Confirms Burden Lies With the Petitioner Throughout Trial
On July 25, 2016, the United States Court of Appeals for the Federal Circuit issued a decision in In re: Magnum Tools Int’l, Ltd., No. 2015-1300 (Fed. Cir. Jul. 25, 2016) confirming that the burden of proving invalidity lies with the petitioner throughout the entire...
The Equitable Doctrine of Assignor Estoppel Does Not Prevent PTAB from Instituting an IPR
By Carl Kukkonen Last month, the Federal Circuit in Husky Injection Molding Systems Ltd. v. Athena Automation Ltd., Nos. 2015-1726, 2015-1727 (Fed. Cir. Sep. 23, 2016) addressed the issue of whether assignor estoppel may bar a party from filing a petition for inter...
Director Lee Comments on the Fifth Anniversary of the America Invents Act
By Matt Johnson (profile) On September 21st, Director Michelle Lee made comments regarding the America Invents Act five years on at an anniversary event at the Rayburn Building. Regarding PTAB trials, Director Lee stated: The AIA also created a new Patent Trial and...
PTAB Publishes August 2016 Trial Statistics – 34% of Final Written Decisions in Favor of Patent Owner
By Matt Johnson (profile) The Patent Trial and Appeal Board has released AIA trial filing and disposition numbers for August 2016. Filings remained near the 150 mark, with 143 total trials being requested in August, 136 of those being requests for Inter Partes Review....