Category Archives: Instittion Decision

Bass Continues Fishing; Pharma Seeks Sanctuary

By Tom Engellenner It’s time for an update on Kyle Bass’s efforts to rid America of the pharmaceutical patents that support high priced drugs.  Between February and September 2015, at least eleven investment funds organized by J. Kyle Bass and … Continue reading

Posted in America Invents Act, Anticipation/Obvious, Instittion Decision, Inter Partes Review, PTAB Procedure, Trial Tactics, USPTO | Tagged , , , , , , , , , , ,

Affirmative Defense of Invalidity As Part of a Motion to Intervene Does Not Bar Filing of a Subsequent IPR Petition

By Reza Mollaaghababa According to 35 U.S.C. §315(a), an inter partes review may not be instituted if, before the date on which the petition for such a review is filed, the petitioner or real party in interest filed a civil … Continue reading

Posted in America Invents Act, District Court, Estoppel, Instittion Decision, Inter Partes Review, Motion to Intervene, Section 315(a) bar, Trial Tactics | Tagged , , , , , , , , , ,

A Decision Not to Institute a Trial at the PTAB Does Not Carry Much Weight in Federal Court

By Tom Engellenner Two recent cases show that simply avoiding a post-grant review proceeding at the U.S. Patent Office’s Patent Trial and Appeal Board (PTAB) not only does not preclude a defendant in underlying patent infringement litigation in a federal … Continue reading

Posted in Anticipation/Obvious, Claim Construction, District Court, Instittion Decision, Trial Tactics, Uncategorized | Tagged , , , ,

Fed. Circuit Affirms PTAB’S CBM Decision Based on a Ground Not Raised By Petitioner

By Reza Mollaaghababa In SightSound Technologies, LLC v. Apple, Inc. (CBM2013-00020), the Court of Appeals for the Federal Circuit (the patent appellate court) recently affirmed the decision of Patent Trial and Appeal Board (PTAB) to invalidate certain claims of SightSound’s … Continue reading

Posted in Anticipation/Obvious, Court of Appeals Fed Circuit, Covered Business Methods, Federal Circuit, Instittion Decision, PTAB Procedure | Tagged , , , , , , ,

Hedge Fund Troll Undetered by Initial Setbacks

By Tom Engellenner Kyle Bass and his hedge funds, the Coalitions for Affordable Drugs LLC, have failed in several of their initial attempts to knock out drug patents. (See our prior article detailing the first seven hedge funds formed by … Continue reading

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