Tag Archives: USPTO

Allergan’s Mohawk Gambit Fails at the PTAB

By Tom Engellenner The Patent Trial and Appeal Board (PTAB) has not taken kindly to a move by the Irish drug company Allergan to shield its key patents on its dry-eye drug Restasis from challenge at the U.S. Patent Office … Continue reading

Posted in America Invents Act, Inter Partes Review, Motion to Terminate, PTAB Procedure, Sovereign Immunity, USPTO | Tagged , , , , , , , , , , ,

Allergan’s Mohawk Gambit May Be Doomed – PTAB Rethinks the Scope of Sovereign Immunity

By Tom Engellenner A few months ago, the Irish drug company Allergan moved to shield its key patents on its dry-eye drug Restasis from challenge at the Patent Trial and Appeal Board (PTAB) of the U.S. Patent Office by assigning … Continue reading

Posted in America Invents Act, Court of Appeals Fed Circuit, Covered Business Methods, Enlarged PTAB Panels, Federal Circuit, Final PTAB Decision, Instittion Decision, Inter Partes Review, Motion to Dimiss, Post Grant Review, PTAB Procedure, Sovereign Immunity, Trial Tactics, USPTO | Tagged , , , , , , , , , , , , , , ,

Mohawks To The Rescue? Can You Immunize Patents From PTAB Review By Assigning To A Native American Tribe?

By Tom Engellenner In an unusual move to combat the perceived bias in favor of patent challengers at the U.S. Patent Office’s Patent Trial and Appeal Board (PTAB), the Irish drug company Allergan has decided to warehouse its key patents … Continue reading

Posted in America Invents Act, Covered Business Methods, Inter Partes Review, Post Grant Review, Sovereign Immunity, Trial Tactics, USPTO | Tagged , , , , , , , , ,

PTAB Can Rely on New Evidence Introduced by Petitioner in its Reply

By Tom Engellenner In a decision last month, the Court of Appeals for the Federal Circuit gave petitioners in AIA proceedings yet another weapon to invalidate patents – by affirming a Patent Trial and Appeal Board (PTAB) decision that relied, … Continue reading

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

IPR Estoppel Provisions May Not Be That Scary After All

By Yue (Joy) Wang IPR petitioners wary of the statutory estoppel under 35 U.S.C. § 315(e)(2) may have reason to be cautiously optimistic.   Judge Sue Robinson of the Federal District Court of Delaware recently held that Toshiba is not estopped … Continue reading

Posted in America Invents Act, Anticipation/Obvious, Appeals, Court of Appeals Fed Circuit, District Court, Estoppel, Federal Circuit, Final PTAB Decision, Instittion Decision, Post Grant Review, Section 315(e) bar | Tagged , , , , , , , , , , , ,