Monthly Archives: July 2013

Protecting Confidential Information at the PTAB – Part 2

By Ben Snitkoff  As discussed in Part 1, unlike in reexaminations, in an inter partes review, a protective order is available to parties seeking to keep their confidential information sealed from public view. Despite the availability and relative ease of … Continue reading

Posted in America Invents Act, Inter Partes Review, Protective Order | Tagged , ,

Reexamination Obliterates a $24 Million Verdict

By Reza Mollaaghababa The administrative proceedings for challenging patents, including new proceedings enacted by America Invents Act (Inter Partes Review, Post Grant Review, and Business Method Review), can be potent tools for exerting considerable leverage against patentees.  A third party … Continue reading

Posted in District Court, Federal Circuit, Trial Tactics

Hold’em or Fold’em? – So Far Patent Owners Show Little Interest In Settling IPR Proceedings

By Tom Engellenner When Congress enacted the America Invents Act (AIA) and created the new administrative proceedings for challenging patents (Inter Partes Review, Post Grant Review and Covered Business Method Review), the AIA provided an incentive for the parties to … Continue reading

Posted in America Invents Act, Covered Business Methods, Inter Partes Review, Post Grant Review, Protective Order, PTAB Procedure, Trial Tactics, USPTO | Tagged , , , , , , , , , , , , ,

Stay of a Permanent Injunction Pending

By Ben Snitkoff  On June 27, 2013, Judge Zobel, in the District of Massachusetts, issued a post-trial order granting a permanent injunction, but stayed that injunction pending resolution of a co-pending reexamination before the Patent and Trademark Office. This case … Continue reading

Posted in America Invents Act, District Court, Injunctive Relief, Inter Partes Review, Trial Tactics | Tagged , , ,

Using Experts in AIA Inter Partes Review Proceedings – Part 1

By Tom Engellenner Although an “expert opinion” in the form of a declaration is not a mandatory part of a petition for patent review under the new AIA proceedings (i.e., inter partes review, CBM review or post-grant review), opinions of … Continue reading

Posted in America Invents Act, Anticipation/Obvious, Experts, Inter Partes Review, Post Grant Review, PTAB Procedure, Trial Tactics, USPTO | Tagged , , , , , , , , , , , , , ,