by Marc S. Blackman | Sep 17, 2018 | Time Limits
By: Marc Blackman Timely IPR Petition A petition for inter partes review is timely if it is filed within one year of service of a complaint alleging infringement of the challenged patent on the petitioner, real party in interest, or privy of the petitioner. 35 U.S.C....
by Marc S. Blackman | Jul 28, 2018 | Trial Institution
By: Marc S. Blackman The PTAB recently exercised its discretion to deny institution of an IPR proceeding because a potentially dispositive claim construction issue was pending before the Federal Circuit. Comtech Mobile Datacom Corp v. Vehicle IP, LLC, Case...
by Marc S. Blackman | Jul 26, 2018 | Federal Circuit Appeal, PTAB News
By: Marc S. Blackman, Lisa L. Furby, and John Normile The Federal Circuit, in a matter of first impression, has ruled that tribal sovereign immunity does not apply to inter partes review (“IPR”) proceedings. Allergan, the maker of Restasis, a chronic...
by Marc S. Blackman | Jun 7, 2018 | Claim Construction, Federal Circuit, PTAB Trial Basics
By: Marc S. Blackman Whether a claim is indefinite under 35 U.S.C. § 112 is analyzed under different standards by District Courts and the PTAB. District Courts apply the standard articulated by the Supreme Court in Nautilus requiring a patent’s claims, viewed in...
