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 putting a protective order in place, relatively few parties have chosen to do so. In seventy-seven of the inter partes reviews instituted since the beginning of 2013 to date (based on petitions filed between September and December 2012) the parties have moved to seal documents in only six cases. Regardless, the parties to a proceeding should agree to a protective order early-on, so that an agreed-to protective order will be available if and when it is needed.

Continue reading “Protecting Confidential Information at the PTAB – Part 2”

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 can use these proceedings to attempt to cancel and/or narrow the scope of a troublesome patent before any litigation is commenced.  Further, an accused infringer can take advantage of these proceedings after patent litigation has been initiated to cause significant uncertainty for the patentee.   Continue reading “Reexamination Obliterates a $24 Million Verdict”

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 resolve their differences by settlement.  However, less than five percent of the Inter Partes Reviews (IPRs) filed last year have been settled “out-of-court” so far. Continue reading “Hold’em or Fold’em? – So Far Patent Owners Show Little Interest In Settling IPR Proceedings”