IPR Estoppel Strikes Again

Photo of John P. Isacson
John P. Isacson

Wasica Finance GmbH et al. v. Schrader Int’l, Inc. et al., C.A. 13-1353-LPS (D. Del. January 14, 2020) (publicly available on January 21, 2020).

Plaintiffs Wasica and Bluearc (collectively “Wasica”) filed an infringement action based on U.S. Patent No. 5,602,524 against defendants (collectively “Schrader”). The patent pertained to devices for measuring the air pressure in tires. Continue reading “IPR Estoppel Strikes Again”

The PTAB and the Constitution

Arthrex, Inc. v. Smith & Nephew, Inc., Appeal No. 2018-2140 (Fed. Cir., October 31, 2019)

Photo of John P. Isacson
John P. Isacson

Since the inception of inter partes review at the Patent Trial and Appeals Board (PTAB), there have been a number of constitutional challenges to these type of proceedings.  This latest challenge concerned the very formation of the PTAB itself.

Continue reading “The PTAB and the Constitution”

Recent Proposal for Section 101 Reform

By John Isacson

A bipartisan group of Senators and Representatives recently released a framework for amending Section 101.  The group includes Senator Chris Coons (D-Del.) and Senator Thom Tillis (R-N.C.), as well as Representative Doug Collins (R-Ga.), Representative Hank Johnson (D-Ga.) and Representative Steve Stivers (R-Ohio).  As Senator Coons stated in a press release: Continue reading “Recent Proposal for Section 101 Reform”