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James Heinen, Jr.
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In September, the Federal Circuit heard arguments challenging the Constitutionality of AIA Reviews. Earlier this month, the Court issued an opinion rejecting that challenge. The rejection should come as encouraging news to potential petitioners, as an affirmation would have posed a serious threat to the review power of the PTAB... Continue reading
Posted Dec 18, 2015 at Post Grant AdvocATor
Earlier this month, in MCM Portfolio LLC v. Hewlett-Packard Company (case number 15-1091), the Federal Circuit heard arguments challenging whether or not AIA reviews are constitutional under Article III of the Constitution. In January, MCM Portfolio LLC (MCM) appealed the final written decision of the Patent Trial and Appeal Board... Continue reading
Posted Sep 21, 2015 at Post Grant AdvocATor
Since the inception of post-grant proceedings (e.g., inter partes reviews (IPRs), post-grant reviews (PGRs)) under the America Invents Act (AIA), many patent owners have viewed the Patent Trial and Appeals Board (PTAB) as somewhat of a slaughterhouse for patents. In particular, as the number of granted IPR petitions rises, so... Continue reading
Posted Jun 15, 2015 at Post Grant AdvocATor
Over the past three years, the number of Post-Grant Proceedings continues to rise. In 2012, the number of AIA post-grant petitions filed – including IPRs, PGRs and CBMs - was less than 50 per month. During 2013, that number grew to about 100 filings per month. In 2014, almost every... Continue reading
Posted Mar 15, 2015 at Post Grant AdvocATor
On June 5, 2014, Synopsys, Inc. filed a lawsuit against the USPTO in the United States District Court for the Eastern District of Virginia (Synopsys, Inc. v. Michelle K. Lee; 1:14-cv-00674-JCC-IDD). In the lawsuit, Synopsys argued that the USPTO has been improperly partially granting petitions for inter partes review and... Continue reading
Posted Sep 8, 2014 at Post Grant AdvocATor
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Jun 2, 2014