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JTEKT CORPORATION V. GKN AUTOMOTIVE LTD.

Federal Circuit Summary Before Prost, Dyk, and O’Malley.  Appeal from the Patent and Trial Appeal Board. Summary: An IPR petitioner lacks standing to appeal an adverse decision by the Board if it...

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CAFC Reverses Long Standing PTAB Precedent on 1-Year Window

“Without Prejudice” Dismissal of Earlier Complaint Does not Restart 315(b) Clock As I predicted it would back in May, the Federal Circuit has now reversed the long-standing practice of the Patent Trial...

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CLICK-TO-CALL TECHNOLOGIES, LP v. INGENIO, INC., YELLOWPAGES.COM, LLC

Federal Circuit Summary Before O’Malley, Taranto, and Stark; Partial En Banc Decision before Prost, Newman, Lourie, Dyk, Moore, O’Malley, Reyna, Wallach, Taranto, Chen, Hughes, and Stoll. Appeal from...

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101 PTAB Challenges Might Come Back to Haunt Your Parallel Litigation

Leveraging PTAB 101 Determinations in Parallel Litigation Covered Business Method (CBM) challenges have fallen out of favor with petitioners. This is due to a number of factors, not the least of which...

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Patexia Insight 52: Patent Litigation Down 14 Percent and IPR Down 7 Percent...

Happy New Year! We have decided to write more often in 2019 as many of our readers have asked us to bring back our popular Patexia Insight series. Our goal is to bring as much value to the community...

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Co-Pending ITC Action Less of an Equitable Concern for PTAB?

General Plastic Factors & Follow-on Petitions Last September, the Patent Trial & Appeal Board (PTAB) held that the advanced state of a district court proceeding militated in favor of denying a...

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Patexia Insight 60: Patent Litigation Continues its Downward Trend in Q1 of 2019

First quarter of 2019 is behind us and patent litigation continues its downward trend, which was started back in 2015. In the first quarter of 2019, total of 825 patent cases were filed in different...

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PTAB Pushes Back on Redundant Filings of Same Petitioner

Simultaneous/Redundant Petitions Attacking Same Claims Questioned The Patent Trial & Appeal Board’s (PTAB) new focus on institution equities of serial petition challenges was the most significant...

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“Pop Change” No Longer Means Buying Soda in Ohio: Keeping up with the...

For many practitioners, it seems that change is the only certainty at the Patent Trial and Appeal Board.  And only five months into the year, change in 2019 has become more certain than ever. Late...

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State Sovereign Immunity Does Not Bar an IPR

REGENTS OF THE UNIV. OF MINN. v. LSI CORPORATION Before Dyk, Wallach, and Hughes.  Appeal from the Patent Trial and Appeal Board. Summary: State sovereign immunity does not apply to IPR proceedings...

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Post-filing Conduct Impacts PTAB RPI/Privity Determinations

Interactions During Preliminary Proceeding Can Doom PTAB Filing Since last summer’s decisions in Applications in Internet Time, LLC v. RPX Corp., and Worlds Inc. v. Bungie, Inc., the Patent Trial...

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Will a Takings Challenge to CBM Proceedings Succeed?

Takings Challenge to IPR Fails Since the Supreme Court’s decision in Cuozzo Speed, there has been speculation that there may be an opportunity to attack AIA trials on different constitutional grounds....

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USPTO Proposes Fee Increases Across the Board

Predictably, the USPTO has proposed increasing fees for about every piece of “paper” they receive/require. While most of the increases are in the 5-10% range for routine prep/pros matter, some of the...

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PTAB Continues to Roll Out Precedent

New Decisions Provide Guidance on Discretionary Denials The Patent Trial & Appeal Board (PTAB) has been steadily rolling out new precedent since establishing it Precedential Opinion Panel (POP)....

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Patexia Insight 66: Which Firms Are Falling Behind in IPR?

The first Inter-Partes Review (IPR) was filed about seven years ago on September 16, 2012. A few firms were quick in leading the way and grabbing market share as IPR market was forming in the early...

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Patexia Insight 67: Firms with the Largest Growth in IPR Activity

Last week we reviewed the firms with the largest decline in their IPR activity over the last five years (2014 to 2018), attempting to find a theory behind each drop. As we discussed, many larger firms...

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Precedential PTAB Opinions to Drive APA Challenges

Precedential Opinions & Trial Guide? The Federal Circuit’s en banc opinion in In re Aqua Products was as massive as it was unfulfilling. This was due, in part, to the court’s struggle with how to...

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