U.S. Supreme Court is unlikely to find IPR process unconstitutional, patent market observers say

The U.S. Supreme Court is likely to uphold the constitutionality of the inter partes review (IPR) process in in Oil States v. Greene’s Energy Group despite what could be described as magical thinking by patent owners, patent market observers say. The high court took up only one of three questions presented by Oil States in [...]

By | June 14th, 2017|litigation, Patent Investing, PTAB, Supreme Court, USPTO|0 Comments

USPTO Associate Solicitor Matal elevated to acting director in wake of Lee’s abrupt resignation

U.S. Patent and Trademark Office Associate Solicitor Joseph Matal was elevated to perform the functions and duties of the Under Secretary of Commerce for Intellectual Property and Director of the USPTO, according to a statement by Commerce Secretary Wilbur Ross. The position is effective June 7 and follows the resignation of Michelle Lee. The statement [...]

By | June 7th, 2017|exec changes, Patent Investing, PTAB, USPTO|0 Comments

Michelle Lee’s abrupt resignation means USPTO may have to wait until Spring 2018 for a permanent replacement

The abrupt resignation of Michelle Lee as director of the U.S. Patent and Trademark Office means the agency is unlikely to get a permanent director until the spring of 2018, increasing uncertainty for patent owners who had been hoping President Trump would nominate a replacement more attuned to protecting intellectual property rights. The Trump administration [...]

Voip-Pal paints a David and Goliath patent struggle against Apple, AT&T and others in letter to PTAB’s Chief Judge and other policymakers

Dr. Thomas Sawyer, a Sandy, Utah-based patent investor who has served four different U.S. presidents including Richard Nixon, Gerald Ford, Ronald Reagan and George H.W. Bush, is convinced that the America Invents Act has done grievous harm to the U.S. patent market in general and in particular to Voip-Pal Inc. (VPLN), the patent licensing company [...]

By | May 25th, 2017|litigation, Patent Investing, PTAB|0 Comments

PTAB invalidates key claims of patent supporting Valeant’s Apriso drug for ulcerative colitis

The Patent Trial and Appeal Board on May 19 invalidated the only two independent claims of a patent supporting Valeant Pharmaceuticals International Inc. (VRX)’s drug Apriso, which is a treatment for maintenance of remission of ulcerative colitis and is expected to produce about $120 million in earnings before income tax depreciation and amortization in 2018. [...]

By | May 24th, 2017|drug patents, Patent Investing, PTAB|0 Comments

(Update1) PTAB upholds validity of Biogen’s Tecfidera patent in blow to Kyle Bass and Erich Spangenberg

The Patent Trial and Appeal Board handed Biogen (BBIB) a major victory against Hayman Capital Management owner J. Kyle Bass and IP Navigation Group founder Erich Spangenberg’s Coalition for Affordable Drugs, upholding the validity of a patent for the multiple sclerosis drug Tecfidera. The patent at issue was U.S. Patent No. 8,399,514. The subject matter [...]

By | March 21st, 2017|Patent Investing, PTAB|0 Comments

(Update1) PTAB hands Finjan another victory in three IPRs filed by Palo Alto Networks

The Patent Trial and Appeal Board handed Finjan Holdings Inc., the cybersecurity technology and licensing company run by CEO Phil Hartstein, more victories in three more inter partes review  (FNJN) challenges of two Finjan patents. The PTAB rulings, which were handed down on March 16 and March 17, were filed by Palo Alto Networks Inc. [...]

By | March 21st, 2017|Patent Investing, PTAB|0 Comments

PTAB upholds claims of Xperi patent at issue in ITC and district court actions against Broadcom

The Patent Trial and Appeal Board upheld the validity of the claims of a patent owned by a unit of Xperi Corp. (XPER), the technology and licensing company run by CEO Tom Lacey, that had been challenged in a petition for inter partes review filed by Broadcom Ltd., Broadcom Corp., Avago Technologies Ltd. and Avago Technologies [...]

By | March 16th, 2017|litigation, Patent Investing, PTAB|0 Comments

PTAB upholds bulk of Finjan patent claims in IPRs filed by Palo Alto, Symantec and Blue Coat

The Patent Trial and Appeal Board handed Finjan Holdings Inc. (FNJN), the cybersecurity technology and licensing company run by CEO Phil Hartstein, a victory on March 15 when it issued final written decisions upholding the majority of patent claims challenged in inter partes review petitions filed by Palo Alto Networks, Symantec Corp. and Blue Coat [...]

By | March 16th, 2017|litigation, Patent Investing, PTAB|0 Comments

VirnetX Holding may have to accept 8 figures from Apple or risk getting nothing

VirnetX Holding Corp. (VHC), the patent licensing company run by CEO Kendall Larsen, may have to accept an 8 figure settlement from Apple Inc. (APPL) if it wants to get anything at all, patent market observers say. An eight figure settlement would be less than a third of the $302 million Zephyr Cove, Nevada-based VirnetX [...]

By | March 10th, 2017|litigation, Patent Investing, PTAB|0 Comments