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In this episode of the Post-Grant Podcast, Andy Zappia, Nick Gallo, and Bryan Smith explore the evolving landscape of estoppel in inter partes review (IPR) and post-grant review (PGR) proceedings at the Patent Trial and Appeal Board (PTAB). The discussion centers around the recent Federal Circuit decision in the Ingenico case, which narrows the scope of IPR estoppel, and its potential tension with the PTAB's current approach to discretionary denial. The team delves into the implications of this decision for patent challengers, particularly in light of new PTAB guidance and recent cases that highlight the complexities of navigating estoppel and discretionary denial.
In this episode I go over a second way to invalidate someone else's patent at the Patent Office, using a procedure called an Inter Partes Review.
Patent review, and article 3 separation of powers.
As SCOTUS considers the constitutionality of Inter Partes Review, an administrative adjudication meant to streamline patent challenges, Ben Davidson (Davidson Law Group) explains the case, the process, and the competing legal and policy arguments.
From our recent IPWire blog post from Patrick Anderson on Unified Patents’ PTAB win record. As part of our ongoing series to factually expose the patent opposition’s effort of “de-propertization” of patents, I further breakdown Unified Patents as more the devil of patents than Saint Thomas More. Last month, I posted a detailed breakdown of Inter Partes Review statistics relating to petitions filed by self-proclaimed ‘Anti-Troll’ Unified Patents. While I highly recommend you read that post, a few of the highlights for convenience: A paltry 34% institution rate (compared to about 71% for the PTAB overall) An Institution:Denial ratio less than one A substantially higher settlement rate than average Google Buys Academic to Support Their Anti-Patent Agenda The Wall Street Journal article exposing Google for paying for academic research that “independently” supports their anti-patent agenda. By Brody Mullins and Jack Nicas | Updated July 14, 2017 9:14 a.m. ET “Google operates a little-known program to harness the brain power of university researchers to help sway opinion and public policy, cultivating financial relationships with professors at campuses from Harvard University to the University of California, Berkeley.”
In part two of the episode, David, Imran, and Pam examine the general IPR timeline, petition terminations, risks for filers, and results.
In the first part of a two part episode, partner David C. Gryce speaks with partners Imran Khaliq and Pamela Fulmer on details of Inter-Partes Review including discussions on filing requirements, standards for granting IPRs, types of discovery, amending c