Are Peace and Love Breaking Out at the PTAB? – (Settlement of IPR Proceedings: Part 2)

By Tom Engellenner

The proverbial ink had barely dried on our first posting on this topic (noting that few parties in Inter Partes Review (IPR) proceedings had taken advantage of the settlement option) when we saw an outbreak of judgments terminating proceedings by mutual consent.  It seems that parties are indeed availing themselves of the provisions of the AIA that allow terminations without findings when they reach a settlement agreement.

On July 22, 2013, the PTAB terminated eighteen different IPR proceedings involving Oracle Corporation and Clouding IP, LLC.  Continue reading “Are Peace and Love Breaking Out at the PTAB? – (Settlement of IPR Proceedings: Part 2)”

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 (IPRs) filed last year have been settled “out-of-court” so far. Continue reading “Hold’em or Fold’em? – So Far Patent Owners Show Little Interest In Settling IPR Proceedings”