(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

Federal Circuit reverses PTAB decision invalidating DSS patent enforced against Apple

Document Security Systems Inc. (DSS), the patent licensing company run by CEO Jeff Ronaldi, said it won reversal of a Patent Trial and Appeal Board decision that found that claims of a patent being enforced against Apple were unpatentable. Rochester, New York-based DSS said U.S. Patent No. 6,128,290 is the subject of DSS's patent infringement [...]

Reps. Stivers and Foster to introduce patent-owner friendly STRONGER Patent Act in the House

Representatives Steve Stivers (a Republican from Ohio) and Bill Foster (a Democrat from Illinois) are expected to introduce the House version of last year’s Support Technology & Research for Our Nation’s Growth and Economic Resilience (STRONGER) Patents Act, which was introduced in the Senate Even before it was introduced in the House the bill had [...]

(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 [...]