In this instance, however, the decision means district court litigation makes you more susceptible to PTAB
challenges, where patent holders are not on such solid ground, giving more leverage to potential infringers.
Following the PTAB
ruling, Medac now ends the patent challenge brought by Koios Pharmaceuticals LLC.
As to CommScope's asserted patents, with this decision from the PTAB
, the IPR phase of the case is complete, and all of CommScope's asserted claims remain in the case.
Unfortunately, the PTO director--or rather, the PTAB
as the director's delegate--rarely sees fit to exercise Congress's clear intent as it goes about what appears to be the business of eliminating as many issued claims as possible and thereby destroying patent portfolios.
Between complete denials and denials-in-part based on [sec]325(d), the PTAB
has only exercised this discretion 189 times, or 28% of those cases.
Broad hasn't yet issued any statement reacting to the PTAB
decision but it likely has much reason to cheer, considering the most lucrative potential for the technology's applications lie in its use to cure human diseases and genetic disorders, including cancer.
appears likely to be at the center of any immediate rebalancing of power between the PTO and the courts.
8) Once a petition for IPR is filed, the PTAB
will decide whether to institute an IPR within six months.
Only a few PGR petitions have been publicly filed so far; the PTAB
has instituted only two reviews, and as of this writing, no case has been decided.
Instead of the costly and intimidating process of going to court, many patent challengers could bring their complaints to the PTAB
rejected the BOR's appraisal in favor of Omni's, finding that the property was unique in the local market and that the income approach provided the best evidence of its value.
According to Joe Massa, director of Engineering, North American Airbag, KSS: "The pelvic area of the PTAB
fills first with a majority of the gas, and is made of a coated material that transmits some of the energy to help push the occupant away from the intrusion while still providing cushioning.