(Update 1) St. Regis Mohawk Tribe files to appeal PTAB rejection of tribal sovereign immunity from IPRs to the Federal Circuit

The Saint Regis Mohawk Tribe, as expected, said it plans to appeal the Patent Trial and Appeal Board's decision rejecting the tribe's effort to use its tribal sovereign immunity to shield a patent related to the chronic dry eye drug Restasis from a challenge in inter partes review. The PTAB rejected the tribe's motion to [...]

(Update2) PTAB rejects St. Regis Mohawk Tribe’s effort to terminate IPR review of patents for Allergan’s Restasis

The Patent Trial and Appeal Board rejected the St. Regis Mohawk Tribe's motion to terminate an inter partes review challenge of patents related to Allergan Plc's Restasis drug for chronic dry eye because of the tribe's sovereign immunity from federal actions. The PTAB said in a ruling on Friday Feb. 23 that "we determine that [...]

Trump and the GOP’s focus on how IP affects drug prices, China IP theft, ignores how much U.S. patents have been weakened

Intellectual property issues are taking on new prominence in Washington, D.C., with the Senate scheduled to vote on the nomination of Andrei Iancu as the undersecretary of commerce and director of the U.S. Patent and Trademark Office, on Monday, Feb. 5 and President Donald Tump signaling his top IP priority in last night’s state of [...]

Federal Circuit hands Network-1 a win, affirming PTAB ruling against CBM filed by Google, YouTube

Network-1 Technologies Inc. (NTIP), the patent licensing company run by CEO Corey Horowitz, said the U.S. Court of Appeals for the Federal Circuit affirmed the final written decision of the Patent Trial and Appeal Board in favor of Network-1 relating to a covered business method review challenge made by Google Inc. and YouTube LLC to [...]

By | January 24th, 2018|Federal Circuit, Patent Investing, PTAB|0 Comments

PTAB nixes another Immersion Corp. patent challenged by Apple

The Patent Trial and Appeal Board on Jan. 10 handed Immersion Corp. (IMMR), the haptic or touch technology company embroiled in a patent infringement action with Apple, another blow, declaring another patent at issue in the Apple suit as invalid based on the prior art. This was the second win for Apple against Immersion this [...]

By | January 19th, 2018|litigation, Patent Investing, PTAB|0 Comments

PTAB invalidates haptic touch patent owned by Immersion enforced against Apple

The Patent Trial and Appeal Board dealt a blow to haptic touch technology specialist Immersion Corp. (IMMR) finding that the claims of a patent covering its haptic touch technology at issue in an enforcement action against Apple Inc. were unpatentable because they were obvious based on the prior art. The case was IPR2016-01372 and involved [...]

By | January 11th, 2018|Patent Investing, PTAB|0 Comments

St. Regis Mohawk Tribe “is going to war” with the PTAB over concerns about its impartiality

The St. Regis Mohawk Tribe, which is trying to use its sovereign immunity to shield patents it acquired from Allergan Plc from review by the patent Trial and Appeal Board, “is going to war with the PTAB,” according to Michael Shore, a partner at Shore Chan Depumpo, who is one of the lawyers who dreamed [...]

By | January 4th, 2018|Patent Investing, PTAB, USPTO|0 Comments

NPEs and operating companies filed fewer actions in 2017 driven by AIA and other market changes, RPX says

The patent enforcement business continued to struggle in 2017 with non-practicing entities and operating companies both filing infringement actions against fewer clients in recognition that changes in the patent market since 2011 have made it costlier and harder to extract settlements and especially nuisance settlements. That’s the big takeaway from RPX Corp. (RPXC)’s report “2017 [...]

By | January 3rd, 2018|Patent Investing, Patent Reform, PTAB, Supreme Court|0 Comments

Apple IPR petition against MEC Resources patent focuses on prior art, ignores tribal sovereign immunity

A petition for inter partes review filed by Apple Inc. (AAPL) of a patent owned by MEC Resources LLC, owned by three affiliated Native American tribes, didn’t take on the issue of tribal sovereign immunity, which has been used to shield patents from such reviews. Cupertino, California-based Apple filed IPR2018-00286 on Dec. 8 seeking to [...]

By | December 11th, 2017|litigation, Patent Investing, PTAB|0 Comments

High court seen as likely to find IPRs constitutional in Oil States v. Greene Energy, leave due process, takings issues for later

The U.S. Supreme Court’s hearing on the constitutionality of the American Invents Act and the inter partes review process before the Patent Trial and Appeal Board raised the possibility that the justices may rein in the perceived excesses of the PTAB eventually but not in Oil States versus Greene Energy. That's the assessment of patent [...]

By | November 30th, 2017|Patent Investing, PTAB|0 Comments