For those seeking some quality CLE this month, consider the second annual Patent Litigation Masters™ 2022 program, presented by IPWatchdog® this coming May 23rd-24th. The program is offered live at the Hyatt Regency (Dulles Airport). The two-day agenda offers a number of compelling topics, and as usual with the Watchdog Masters Programs
This past Monday, Chief Judge Connolly of D. Del issued a standing order for all pending litigation before him requiring disclosure of certain financial relationships from litigating parties. The information is due 30 days from filing of an initial pleading, and includes arrangements made between parties and third party funders.
While eminently sensible in terms of identifying true decision makers for settlement purposes, or identifying potential conflicts of interest, the new requirements will surely send NPEs screaming into the night.
Continue Reading Delaware Court Looks To Unmask Litigation Funders
At long last, the Senate has finally confirmed Kathy Vidal as the new PTO Director….just in time to tender her resignation before the next administration! Ok, maybe not quite that late. But considering it can take close to two years for any Notice and Comment Rulemaking to get through the system, these appointment delays can seriously hamstring a Director’s ability to drive any significant policy change.
So, the new Director needs to hit the ground running. And, as usual, the PTAB offers some early hurdles.
Continue Reading Finally, a New PTO Director. Now What?
Last month the Federal Circuit recalibrated the scope of IPR estoppel by overruling Shaw Industries. That is, after the SCOTUS decision in SAS Institute, the Court concluded that IPR “raised or reasonably could have raised” estoppel applies not just to claims and grounds asserted in the petition and instituted for consideration by the Board, but to all claims and grounds not in the IPR but which reasonably could have been included in the petition.
As to “reasonably could have been raised,” this assessment considers what information was known to the filer, and when, or, what might have been uncovered via a reasonably diligent search. In the case of a PGR proceeding — allowing a broader range of validity challenge types relative to IPR — this “reasonably could have raised” estoppel footprint poses a significant risk to patent challengers.
Continue Reading PGR’s Scary Estoppel Footprint
For those seeking CLE this month, a number of great programs to consider in the coming weeks.
First up, the freebie 🙂
Next Tuesday, March 15th @ 1pm(EST) Gardella Grace presents the free one-hour webinar entitled In Possession of an Invention? Litigation Insights for Life Sciences Patent Drafting. Presenters include
The concept of excluding the PTAB via a forum selection clause is not a new idea. Back in 2019 I highlighted this option as the #1 development in PTAB practice for district court litigators. Since that time, there have been a handful of cases that sought to leverage this mechanism. Earlier this week, the Federal Circuit was given another opportunity to explore this topic, and the potential policy consequences of such private agreements.
Continue Reading Shutting Out the PTAB Via Private Agreement
IPWatchdog’s PTAB Masters 2022 (PTAB-palooza if you prefer), is coming next week!
The free, 4-day CLE program is virtual, and will focus on the PTAB from the viewpoint of both the patent owner and petitioners challenging patents. Topics will explore political and legislative developments impacting the agency in
Tomorrow morning, the Senate Judiciary will pass the nominations of Leonard P. Stark to be United States Circuit Judge for the Federal Circuit, and Katherine Vidal to be Under Secretary of Commerce for Intellectual Property & Director of the United States Patent and Trademark Office, to the
This year I posted my top 2021 PTAB developments over at IPWatchdog. You can find it here Patent Trial and Appeal Board Year in Review: The Top Five PTAB Developments of 2021
For a more in depth discussion of these issues, and
The Senate Judiciary vetted USPTO Director Nominee Kathy Vidal earlier this month. Not surprisingly, the hearing was fairly uneventful (even for uber-geeks, like myself). With a confirmation vote looming, some final written materials have been submitted by Ms. Vidal that are similarly generic in espousing any particular viewpoint that could be labeled as “pro-patent” or “anti-patent.” That said, reading the tea-leaves, there are some PTAB developments that seem inevitable for 2022 given the current landscape.
Continue Reading Expect Slight PTAB Adjustments From the New Director in 2022