The Supreme Court will hear oral argument on March 1, regarding the constitutionality of the
inter partes review (IPR) system. The Court s decision, which will likely issue this summer, could have far-reaching consequences for both current and future participants in patent cases.
In October 2019, in
Arthrex v. Smith & Nephew, Inc., 941 F.3d 1320 (Fed. Cir. 2019), the U.S. Court of Appeals for the Federal Circuit concluded that the statutory scheme appointing Patent Trial and Appeal Board (PTAB) administrative patent judges (APJs) violates the appointments clause of the U.S. Constitution. APJs at the PTAB render decisions on the patentability of issued patents, particularly through the commonly used adversarial IPR process. The Federal Circuit held that the APJs are principal officers, reasoning that [t]he lack of any presidentially-appointed officer who can review, vacate, or correct decisions by the APJs combined with limited removal power lead us to conclude … that these
CobbleStone Software Finishes 2020 With Record-Breaking Growth
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CobbleStone Software – a celebrated leader in AI-based contract management software – is pleased to announce that they have finished 2020 with record-breaking growth and significant accomplishments. We are truly grateful and humbled by the opportunity to serve so many leading-edge organizations from a vast array of industries in 2020 and in the many years prior; we look forward to continuing CobbleStone’s success in 2021. -Bradford Jones, Director of Sales & Marketing at CobbleStone Software PRINCETON, N.J. (PRWEB) February 16, 2021 CobbleStone Software – a celebrated leader in AI-based contract management software – is pleased to announce that they have finished 2020 with record-breaking growth and significant accomplishments.
2021 US patent suits soar; Apple’s 10-year IP buying spree; Inside Samsung’s Wuhan anti-suit injunction; Google and Intel deal; PTAB success rates analysis; and much more
Everything we covered on IAM over the last seven days – and all you need to know from the global IP market to set yourself up for the start of another busy week
MONDAY 4th January
As usual, late December saw a flurry of IP policy developments in China - a new court, a major trade deal and much more. Read more here
Still recovering from an extraordinary 2020, the
IAM editorial team risks its collective reputation to predict what the big IP developments of 2021 are likely to be. Read more here
APPLICATION OF NHK/FINTIV ANALYSIS CONTINUES TO EVOLVE
The Board’s application of its precedential
NHK and
Fintiv decisions to deny petitions based on parallel litigation continues to develop. The Board recently designated two decisions as precedential as to the sections that relate to application of the
Fintiv factors:
Sotera Wireless, Inc. v. Masimo Corp., IPR2020-01019, Paper 12 (December 1, 2020) (precedential as to § II.A) The Board held that a Petitioner’s broad stipulation not to pursue invalidity arguments in the parallel litigation that it raised, or reasonably could have raised in the IPR, weighed strongly in favor of institution.
Snap, Inc. v. SRK Tech. LLC, IPR2020-00820, Paper 15 (October 21, 2020) (precedential as to § II.A) The Board held that a stay of the district court action through a final written decision in the IPR weighed strongly in favor of institution.
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December 20, 2020
Law Street Media’s November 29 article examining patent litigation analytics focused on the district court system, just one part of a complex system of patent litigation. This article examines a similar premise; a deep dive into the companies that have had their patents challenged the most in recent years before the Patent Trial and Appeal Board, using Docket Alarm’s cutting-edge PTAB analytics.
As 2020 comes to a close, it is apparent that total filings at PTAB have remained steady despite the COVID-19 pandemic. The number of
inter partes review (IPR) filings from January 1, 2019, to October 31, 2020 (the same time period as the prior article), reveals a consistent pattern. A dip in March and April 2020 was likely caused by the onset of the COVID-19 pandemic, but other fluctuations in the above time period are more dramatic. In fact, by May 2020 there was an uptick in filings, which could suggest a bounce back from the delays of