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Full-Text Articles in Law
Consequences For Patent Owners If A Patent Is Unconstitutionally Invalidated By The Patent Trial And Appeal Board, Mark Magas
Chicago-Kent Law Review
There have been many constitutional challenges against the Patent Trial and Appeal Board (“PTAB”) since it was created by the America Invents Act in 2011. While the merits of these challenges have been widely debated, there has been little analysis of what would happen if one of these challenges succeeded and patents are found to have been unconstitutionally invalidated. This note examines how issues with waiver, retroactivity, and finality may prevent patent owners from getting their patent rights back, considering the type of constitutional challenge and the different stages of the PTAB process. While the odds are stacked against patent …
Uncertainty About Real Parties In Interest And Privity In Aia Trials, Evan Day, Kevin Patariu, Bing Ai
Uncertainty About Real Parties In Interest And Privity In Aia Trials, Evan Day, Kevin Patariu, Bing Ai
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Ptab Precedential Decision: Putting The Hammer Down On Filing Serial Petitions?, Ashley N. Klein, Warren J. Thomas
Ptab Precedential Decision: Putting The Hammer Down On Filing Serial Petitions?, Ashley N. Klein, Warren J. Thomas
Chicago-Kent Journal of Intellectual Property
Petitioners for inter partes review proceedings under the America Invents Act routinely file serial petitions to challenge a single patent. Patent owners have criticized such “follow-on” petitions as abusive. The Patent Trial and Appeal Board’s recent precedential opinion in General Plastic Industrial Co. v. Canon Kabushiki Kaisha, IPR2016-01357, Paper 19 (P.T.A.B. Sept. 6, 2017), lays out seven non-exhaustive factors to guide the Board’s consideration of such “follow-on” petitions. This Article summarizes the Board’s analysis of follow-on petitions prior to General Plastic, examines how General Plastic has affected petitioners’ success in having such petitions instituted, and suggests strategies for practitioners …
To Stay Or Not To Stay Pending Ipr? That Should Be A Simpler Question, Joel Sayres, Julie Wahlstrand
To Stay Or Not To Stay Pending Ipr? That Should Be A Simpler Question, Joel Sayres, Julie Wahlstrand
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Master Of The Petition: Exploring The Tension Between The Ptab And Petitioners In Controlling The Scope Of Aia Trials, Raja N. Saliba, Grant Shackelford
Master Of The Petition: Exploring The Tension Between The Ptab And Petitioners In Controlling The Scope Of Aia Trials, Raja N. Saliba, Grant Shackelford
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Yes, The Ptab Is Unconstitutional, Gregory Dolin, Md
Yes, The Ptab Is Unconstitutional, Gregory Dolin, Md
Chicago-Kent Journal of Intellectual Property
No abstract provided.
The Post-Grant Life: Coordinating & Strategizing Challenges Of Issued Patents In Multiple Continents, Karen E. Sandrik
The Post-Grant Life: Coordinating & Strategizing Challenges Of Issued Patents In Multiple Continents, Karen E. Sandrik
Chicago-Kent Journal of Intellectual Property
With the enactment of the Leahy-Smith American Invents Act (AIA), U.S. patent law gained a new post-grant opposition system and the Patent Trial and Appeal Board (PTAB). While the U.S. post-grant opposition system has some similarities to the post-grant systems, such as that in the European Union, Japan, South Korea, Canada, and Australia, there are also notable differences. Navigating one’s own post-grant system can be challenging, but doing so in multiple patent offices around the world is daunting. Differences in these proceedings not only present the potential for parties to make costly errors, but also to engage in strategic behavior. …
I Fought The Shaw: A Game Theory Framework And Approach To The District Courts' Struggle With Ipr Estoppel, Andrew V. Moshirnia
I Fought The Shaw: A Game Theory Framework And Approach To The District Courts' Struggle With Ipr Estoppel, Andrew V. Moshirnia
Chicago-Kent Journal of Intellectual Property
No abstract provided.
May You Live In Interesting Times: Patent Law In The Supreme Court, Seth P. Waxman
May You Live In Interesting Times: Patent Law In The Supreme Court, Seth P. Waxman
Chicago-Kent Journal of Intellectual Property
No abstract provided.