Much Ado About Injunctions

It’s become an article of faith among those complaining that patent reform has gone too far that the 2006 eBay case must be overturned—but that assertion doesn't appear to be backed up by the facts.

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Granted In 19 Hours

Patent examiners have an extremely hard job.  They’re given a patent application—which could be anywhere from a page long up to hundreds of pages, with patent claims ranging from a…

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PTAB Denies IPR Petitions Filed Less Than One Month After Lawsuit

On Monday, the PTAB made clear that the ultimate outcome of the Fintiv rule championed by Director Iancu is the elimination of inter partes review (IPR) as a viable alternative to challenging patents in litigation.  RAI sued Philip Morris on April 9th, 2020.  Less than a month later, on May 8th, 2020, Philip Morris filed a petition for IPR against three of the asserted patents.  (When I was in practice, I worked on a number of IPRs.  Filing a petition in less than a month is an impressively diligent feat—typically it takes six to nine months to file a petition.) 

Monday, the PTAB denied two of the three petitions for IPR.  (The third petition was instituted, despite being in the exact same procedural posture, without any discussion of these issues.) 

Recent posts

Trouble In Plaintiff’s Paradise?

There are signs that, despite Judge Albright’s best efforts, the rest of the world might not support turning the Western District of Texas into another NPE haven like the Eastern District in its glory days.  After Judge Albright’s efforts to make sure Waco was “open for business for patent cases”, NPEs flocked to the Waco…

Cert Granted in Arthrex Case On PTAB Appointments

This week, the Supreme Court granted certiorari in a set of related cases between Arthrex and Smith & Nephew, as well as the federal government.  The cases revolve around one fundamental question: are judges of the Patent Trial and Appeal Board (PTAB) principal officers of the United States?  That question controls the constitutionality of their…

Guest Post: FRAND, RAND, & the Problem at Hand: Increasing Certainty in Infringement Damages for Standard-Essential Patents

This article was written by guest author Sam Howard, a 3L at Boston University School of Law and the winner of the 2019-2020 Patent Progress Writing Competition. The article is a shortened version of his full contest entry, which will be published in the Boston University Journal of Science and Technology Law in 2021, and…