by Joe Sauer | Feb 27, 2018 | PTAB News, PTAB Trial Basics
By: Tom Koglman and Joe Sauer In a case of first impression, the PTAB recently decided that the doctrine of tribal sovereign immunity does not apply to inter partes review proceedings. See Mylan Pharmaceuticals Inc. v. Saint Regis Mohawk Tribe, IPR2016-01127;...
by John Evans, Ph.D. | Feb 6, 2018 | Evidentiary Issues, Prior Art Issues, PTAB News, PTAB Trial Basics
By: Jaime Choi, Tracy Stitt, and John Evans On February 1, the PTAB held its first “Boardside Chat” of 2018, which featured three judges discussing appeals and AIA trial proceedings for design patents. Not only are such proceedings less common for design patents...
by Joe Sauer | Jan 30, 2018 | PTAB News
By Joe Sauer The PTAB has posted the AIA Trial Statistics through the end of calendar year 2017. The PTAB statistics are available for download at the PTO website. Petition filings remained high with 1799 total petitions for review filed, compared with 1758 in 2016...
by Matthew Johnson | Jan 22, 2018 | PTAB News, PTAB Trial Basics
By Matt Johnson In September 2017, Saint Regis Mohawk Tribe moved to dismiss six instituted trials on petitions filed by Mylan Pharmaceuticals Inc. Those petitions challenged six patents that, at the time the petitions were filed, belonged to Allergan, Inc. The...
by Matthew Johnson | Jan 16, 2018 | PTAB News, Time Limits, Trial Institution
By Rich Graham and Matt Johnson On January 10, 2018, the PTAB designated two decisions weighing on 35 U.S.C. § 315(b) as informative: Luv N’ Care, Ltd. v. McGinley, IPR2017-01216, Paper 13 (P.T.A.B. Sept. 18, 2017) (AIA § 315(b), insufficient funds at filing) Amneal...
by Joe Sauer | Jan 8, 2018 | PTAB News
By Joe Sauer and Dave Cochran In a pair of near identical decisions issued on December 19, 2017, an expanded PTAB panel found that the Regents of the University of Minnesota had waived its defense of sovereign immunity by filing actions against the petitioners in...