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Cary Adickman

Posts by Cary Adickman

US: Supreme Court takes up constitutionality of inter partes review

On June 12, 2017, the Supreme Court granted certiorari to decide the constitutionality of inter partes review, a proceeding before the Patent Trial and Appeals Board (PTAB) that allows third parties, typically alleged infringers, to challenge the validity of issued patents.  The question presented in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC

US: District Court Defines Scope of IPR Estoppel by Specifying When Prior Art “Reasonably Could Have Been Raised” in an IPR

One key trade-off for petitioners challenging the validity of a patent at the U.S. Patent and Trademark Office (“PTO”) is being estopped from making a parallel challenge in district court. If the PTO issues a final written decision in an inter partes review (“IPR”), the petitioner is estopped from later urging in court that a

U.S. Supreme Court Rejects Federal Circuit’s Standard for Inducement of Patent Infringement

(U.S. Supreme Court, Decision of 2 June 2014, No. 12-786, Limelight Networks, Inc. v. Akamai Techs., Inc.) Rejecting the Federal Circuit’s fractured en banc decision, the U.S. Supreme Court held that a defendant is not liable for inducing patent infringement under 35 U.S.C. § 271(b) when no direct infringement has occurred under § 271(a). Akamai