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Tag Archives: inter parties review

US: Supreme Court hears argument on constitutionality of inter partes review

On November 27, 2017, the Supreme Court heard oral arguments in a case that will determine the constitutionality of inter partes review, a proceeding before the United States Patent and Trademark Office’s Patent Trial and Appeals Board that allows third parties, including alleged infringers, to challenge the validity of issued patents.  As previously reported by

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: IPR institution denied for redundancy – Neither appealable nor grounds for estoppel

Parties that regularly submit inter partes review (IPR) and other post-grant petitions with multiple, potentially redundant grounds for review now have clearer guidance on (1) whether the institution of those petitions can be reviewed; and (2) whether estoppel applies to rejected grounds for review. In the recent Automated Creel Systems v. Shaw Industries decision, the

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

US: Federal Circuit agrees PTAB can “pick and choose”

On February 10, 2016, in a 2-to-1 decision, the Federal Circuit upheld the Patent Trial & Appeal Board’s (the “PTAB’s”) policy of conducting partial reviews of patents challenged under inter partes review petitions. In Synopsys, Inc. v. Mentor Graphics Corp., the Court found no statutory requirement that the PTAB’s final written decision must address every