(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 [...]

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 [...]

(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 [...]

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 [...]

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

Retired Federal Circuit Chief Judge Michel sees Aqua Products decision as short term victory for patent owners

The Court of Appeals for the Federal Circuit's recent decision allowing patent owners the ability to amend claims of patents under review by the Patent Trial and Appeal Board in inter partes reviews is a short lived victory for patent owners and underscores the need for additional revisions, a former Chief Judge of the Federal [...]

Uncertainty caused by High Court’s pending review of PTAB constitutionality may have led to decline in NPE actions, IPRs in the third quarter, RPX says

Uncertainty in the U.S. patent market caused by the U.S. Supreme Court's pending review of the constitutionality of petitions before the Patent Trial and Appeal Board likely precipitated a decline in the number of new enforcement actions by non-practicing entities (NPEs) and operating companies, and inter partes review (IPR) challenges of patents, said RPX Corp. [...]

By | October 3rd, 2017|Patent Investing, PTAB, Supreme Court|0 Comments

Recent flood of patents for sale is hurting patent values, Allied Security Trust CEO Binns says

Allied Security Trust CEO Russell Binns says patent values in the U.S., which have been on a five year decline, won’t hit bottom and rebound until patent owners stop flooding the market with patent portfolios to clean up their balance sheets. Binns made his remarks as part of an outreach the company is making as [...]

By | September 19th, 2017|Patent Investing, Patent sale, PTAB, Supreme Court|0 Comments