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

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

(Update1) Contingency lawyers are more reluctant than ever to represent patent owners in current environment

Contingency lawyers who once were willing to represent significant inventors, universities, medical laboratories and even non-practicing entities say for many it’s become too costly and risky to take on contingent cases thanks to controversial decisions by the U.S. Supreme Court on injunctions, patentable subject matter, damages and venue. Contingent law firms agree to take on [...]

(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) Fortress unit has filed liens on patents assigned to Theranos IP Co. LLC

Fortress Investment Group (FIG) may be about to take over patents assigned to Theranos IP Co. LLC, a unit of Theranos Inc., the troubled medical device company whose former CEO Elizabeth Holmes settled a fraud complaint filed by the Securities and Exchange Commission, based on liens placed on the patents by Fortress Credit Corp. New [...]

By | April 10th, 2018|Patent Investing, USPTO|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 [...]

Biogen MA sues USPTO Director for extra 23 days in term of human anti-tau antibodies patent

What is 23 days worth to you? Pharmaceutical giant Biogen MA is suing Andrei Iancu, the director of the U.S. Patent and Trademark Office, to force the PTO to extend a patent for Human Anti-Tau Antibodies for an extra 23 days because of an alleged improper calculation of delays in the approval of the patent. [...]

By | February 15th, 2018|drug patents, litigation, Patent Investing, USPTO|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

Saint Regis Mohawk Tribe defends its Allergan deal in reply to opposition to dismiss IPRs

The Saint Regis Mohawk Tribe defended the controversial transaction in which Allergan Plc assigned patents for the chronic dry eye drug Restasis to the tribe for a promise to use its tribal immunity as a shield against inter partes review challenges before the Patent Trial and Appeal Board. The defense came in the form of [...]