Patent Trial and Appeal Board Canceled over 90% of Claims Decided in February and Often Relies on Extrinsic Evidence That May Be Entitled to Deference on Appeal

Authors: Jonathan R.K. Stroud, Daniel F. Klodowski
Editor: Aaron L. Parker

February was a particularly brutal month for patent owners before the Board. Considering only final written decisions, statistics show that the PTAB canceled over 90% of the IPR claims that reached Final Written Decision. Does this herald a greater trend, or just statistical anomaly?

PTAB-STATS---IPR-FWD-Results-by-Claim-2.15

Continue reading

Bookmark and Share
Tagged , , , , , , , , , ,

Supreme Court Declines to Address Petitioner’s Constitutionality Challenge to the AIA’s First-Inventor-to-File Provisions

Author: Anthony A. Hartmann
Editor:  Aaron J. Capron

On February 23, 2015, the Supreme Court denied without comment MadStad Engineering’s petition for Writ of Certiorari. MadStad sought review of the Federal Circuit’s affirmance of a district court’s dismissal for lack of standing of MadStad’s declaratory judgment case, in which MadStad challenged the constitutionality of the AIA’s first-inventor-to-file provisions.

In its petition, MadStad argued that Article 1, Section 8, Clause 8 of the Constitution provided a “specific mode of accomplishing the particular authority granted,” i.e., securing exclusive rights for limited times to inventors in their discoveries. MadStad concluded that “inventor,” when considered in the context of the time, was intended to mean the first inventor or discoverer; not the first inventor to file.

Continue reading

Bookmark and Share
Tagged , , , , , , ,

IPR and CBM Final Written Decisions Predominantly Fall Within Electrical and Mechanical Technology Centers

Authors: Daniel F. Klodowski, Jonathan R.K. Stroud
Editor: Aaron L. Parker

The PTAB continues to be a highly popular venue for patent validity challenges, with final written decisions in post-grant proceedings being largely concentrated in the fields of electrical and mechanical engineering. This suggests a consistent trend in the types of technologies frequently challenged before the Board.

Continue reading

Bookmark and Share
Tagged , , , , , , , , ,