PTAB Panels Are Divided Regarding Interpretation Of The Joinder Provision

By Reza Mollaaghababa The America Invents Act (AIA) allows a petitioner to request joinder of an inter partes review (IPR) of a patent with an IPR proceeding previously instituted with respect to that patent so long as the request for joinder is filed “no later than one month after the institution date of any inter … Continue reading PTAB Panels Are Divided Regarding Interpretation Of The Joinder Provision

Stanford Patent Found Invalid in IPR proceedings but Licensee’s IP Survives

By Tom Engellenner In a decision this month (IPR2013-00308), the Patent Trial and Appeal Board (PTAB) has ruled against Stanford University’s patented method for detecting Down’s syndrome and other chromosomal defects, finding all of the challenged claims 1-13 invalid. The Stanford patent, U.S. Patent Number 8,296,076, is licensed to Verinata Health Inc., and is the … Continue reading Stanford Patent Found Invalid in IPR proceedings but Licensee’s IP Survives

If at First You Don’t Succeed: File, File And File Again

By Tom Engellenner Petitioners seeking to invalidate patents via the new AIA inter partes review ("IPR") proceedings at the U.S. Patent and Trademark Office (PTO) appear to be increasingly willing to file multiple petitions against the same patent. In several instances, the same petitioner has filed three, four or even five petitions against a single … Continue reading If at First You Don’t Succeed: File, File And File Again