Tag Archives: Reexamination

Despite PTAB “Sweet Talk” Federal Circuit Reverses Invalidity Of Deicing Patent

By Tom Engellenner The Federal Circuit reversed a Patent Trial and Appeal Board (PTAB) invalidity decision last week that had found a patent for a molasses-based, road deicing agent obvious over earlier patents on sugar-related inventions.  The Federal Circuit panel … Continue reading

Posted in Anticipation/Obvious, Appeals, Court of Appeals Fed Circuit, Federal Circuit, Reexamination, USPTO | Tagged , , , , , , , , , ,

What Should A Jury Be Told About A Concurent PTO Trial?

By Anthony Pisano Patent owners enforcing their rights who seek to exclude testimony about a pending administrative challenge to the patent-in-suit may face a Hobson’s choice – at least in Nevada. Particularly, the price for excluding evidence of pending administrative … Continue reading

Posted in America Invents Act, Anticipation/Obvious, Covered Business Methods, District Court, Inter Partes Review, Post Grant Review, PTAB Procedure, Reexamination, Trial Tactics, USPTO | Tagged , , , , , , , , , , , ,

Too Many Cooks in the Kitchen? – PTAB Puts Parallel Reviews By Central Reexam Unit on Hold

By Ben Snitkoff The regulations implementing Inter Partes Review (“IPR”), as well as Post-Grant Review (“PGR”), allow the Patent Trial and Appeal Board (“Board”) to join or stay certain proceedings by motion or sua sponte. See 37 C.F.R. § 42.122 … Continue reading

Posted in America Invents Act, Covered Business Methods, Inter Partes Review, Post Grant Review, PTAB Procedure, Reexamination, Stays, Trial Tactics, USPTO | Tagged , , , , , , , , , , , , ,

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 … Continue reading

Posted in America Invents Act, Covered Business Methods, Inter Partes Review, Post Grant Review, Protective Order, PTAB Procedure, Trial Tactics, USPTO | Tagged , , , , , , , , , , , , ,

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 … Continue reading

Posted in America Invents Act, District Court, Injunctive Relief, Inter Partes Review, Trial Tactics | Tagged , , ,