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

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 serves as an interesting study in balancing the factors for an injunction, and the effect … Continue reading Stay of a Permanent Injunction Pending

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 experts form an important part of the challenger’s case in many of the petitions filed … Continue reading Using Experts in AIA Inter Partes Review Proceedings – Part 1