Serial IPR petitioners abuse the IPR process according to Robins Kaplan study

The Patent Trial and Appeal Board has adopted a much too permissive approach to allowing petitioners to file serial inter partes review challenges of the same patent with some of the biggest abusers such as Apple and Microsoft filing duplicative IPRs 56% and 59% of the time. That's according to a new study by the [...]

By | September 14th, 2018|Patent Investing, Patent Reform, PTAB, Uncategorized, USPTO|0 Comments

(Update2) RPX seeks en banc review of Federal Circuit ruling remanding IPR ruling to PTAB due to real party in interest issues

RPX Corp., the patent risk aggregator and provider of NPE litigation loss control services, has petitioned for an en banc ruling by the Court of Appeals for the Federal Circuit after a three judge panel ruled that the Patent Trial and Appeal Board erred in finding that RPX was the real party in interest in [...]

By | September 14th, 2018|Federal Circuit, Patent Investing, PTAB, Supreme Court|0 Comments

Patent licensing companies are turning to M&A bankers to sort out value in a down market

When Finjan Holdings Inc. (FNJN) went looking for an investment bank to advise it on recently emerged strategic opportunities, it didn’t choose one with proven intellectual property expertise. Instead, the cybersecurity technology and patent licensing company run by CEO Phil Hartstein, chose Atlas Technology Group, a boutique investment bank with experience advising on software mergers [...]

By | August 9th, 2018|Patent Investing, PTAB, Supreme Court, USPTO|0 Comments

ParkerVision CEO vows to reactivate case against Qualcomm if company prevails in IPR appeals

ParkerVision Inc. (PRKR) CEO Jeffrey Parker vowed to reactivate the struggling patent licensing company’s patent infringement action against Qualcomm Inc. (QCOM), Samsung and HTC if the Court of Appeals for the Federal Circuit sides with it in an appeal of final written decisions in inter partes review challenges of two ParkerVision patents. San Diego-based Qualcomm [...]

By | June 26th, 2018|Patent Investing, PTAB, US ITC|0 Comments

(Update1) High Court’s ruling on so-called ‘partial institutions’ of IPRs seen benefiting petitioners and patent holders

The U.S. Supreme Court’s decision in SAS v. Iancu, which rejects partial institution decisions on inter partes reviews,  is far more momentous than the high court's decision in Oil States v. Greene Energy, which affirmed the constitutionality of the IPR process, because SAS revises existing practices while Oil States reinforces the status quo. In SAS [...]

By | April 24th, 2018|Patent Investing, PTAB, Supreme Court, USPTO|0 Comments

(Update1) High court’s ruling on constitutionality of IPRs said to weaken U.S. Patent System and threaten U.S. innovation

The U.S. Supreme Court’s ruling in Oil States v. Greene Energy upholding the constitutionality of the inter partes review process before the Patent Trial and Appeal Board may have cemented a weaker patent system that will hurt innovation in the U.S. and soon allow China to surpass the U.S. as the leading innovator in the [...]

By | April 24th, 2018|Patent Investing, Patent Reform, PTAB, Supreme Court|0 Comments

High court upholds the constitutionality of the IPR process as expected in blow to patent holders

The U.S. Supreme Court upheld the constitutionality of the inter partes review process before the Patent Trial and Appeal Board in a 7-2 decision in Oil States Energy Services LLC v. Greene’s Energy Group LLC written by Justice Clarence Thomas in which the hight court emphasized the narrowness of the decision and noted arguments not [...]

(Update1) VirnetX Holdings wins $502.6M jury award in fourth trial against Apple

VirnetX Holdings Corp. (VHC), the patent licensing company that's been battling Apple Inc. over patent infringement related to iPhones and other products for 8 years, won a $502.6 million verdict against the computer giant in a U.S. District Court in Tyler, Texas. Shares of Zephyr Cove, Nevada-based VirnetX surged as much as 41% in after [...]

By | April 10th, 2018|Federal Circuit, litigation, Patent Investing, PTAB|0 Comments

President Trump would help U.S. tech companies more by strengthening U.S. IP system than by attacking China

President Trump may have to lead a revitalization of the U.S. Patent system if he really wants to succeed in combatting Chinese companies' China government sanctioned theft of U.S. innovation, patents and technology, patent market observers say. Earlier this month, the U.S. filed a complaint against China at the World Trade Organization in which it [...]

Federal Circuit rules PTAB erred in not accepting Google’s claims construction in rulings on IPRs challenging Network-1 patents

The Court of Appeals for the Federal Circuit ruled that the Patent Trial and Appeal Board erred in its claim construction of certain terms in four final written decisions in inter partes reviews filed by Google Inc. and YouTube LLC finding patents owned by Network-1 Technologies (NTIP) to be valid. The case involves U.S. Patent [...]

By | March 28th, 2018|Federal Circuit, litigation, Patent Investing, PTAB|0 Comments