IPR and Estoppel after SAS Institute

The Supreme Court held on April 24, 2018 that if the Patent Office institutes and inter partes review (IPR) proceeding, it must issue a final written decision with respect to the patentability of every patent claim challenged by the petitioner. SAS Institute, Inc. v. Iancu, (discussed in greater detail here). Within days, the Patent Office … Continue Reading

PTAB Cases You Should Know

By Julianne M. Hartzell on February 22, 2018 Posted in Covered Business Method, Inter Partes Review, IPR, Post Grant Review, Trial Procedures

The Federal Circuit, Supreme Court, and PTAB have been addressing a number of big issues in 2017 and 2018. Here are the cases you should know.… Continue Reading

PTAB says 58% of Patents Survive Post-grant Proceedings Unchanged

By Julianne M. Hartzell on October 26, 2017 Posted in CBM, Inter Partes Review, IPR, Post Grant Review, Trial Procedures

On October 24, 2017, the PTAB held its inaugural “Chat with the Chief” webinar. The main topic of the webinar was to discuss multiple petitions filed against the same patent. The PTAB sought to address concerns that have been raised by patent owners that challengers just keep filing petitions until something sticks, and that petitioners … Continue Reading