Chicago Kent’s The Power of PTAB: The New Authority in Patent Law is a Chicago-based conference hosted by Chicago Kent Law from 8:15am until 5:30pm CT on November 3, 2017. The conference will examine the rise of the Patent Trial and Appeal Board (PTAB), which is on pace in 2017 to set a record of
Understand Your District Court Before Going to the PTAB
A PTAB proceeding, such as an Inter Partes Review (“IPR”), Covered Business Method Review (“CBM”) or Post-Grant Review (“PGR”) is a powerful defensive strategy because of speed and cost. The business calculus, however, changes significantly if the petitioner has already been sued in district court and the district court judge denies a stay. Then, instead…
Court Stays Case Pending IPR & CBM Petitions, Pre-Institution
T-Rex Prop. AB v. Adaptive Micro Sys., LLC, No. 16 C 5667, Slip Op. (N.D. Ill. Jan. 26, 2017) (Kendall, J.).
Judge Kendall granted defendant Adaptive Micro Systems’ (“Adaptive”) motion to stay plaintiff T-Rex’s patent suit pending potential institution of inter partes review (“IPRs”) and a covered business method review (“CBM”).
The fact that…
Northern District of Illinois has Highest PTAB Grant Rate
The Northern District has the highest grant rate for stays pending Inter Partes Review (“IPR”), Covered Business Method Review (“CBM”) and Post-Grant Review (“PGR”) of any of the biggest patent districts nationwide – 72.7%. According to Docket Navigator’s excellent data, through 2016 the Northern District fully granted 59.1% of stay motions and partially granted…
NPE Litigation is Back in 2015
This recent RPX[1] report tells retailers what you likely already knew anecdotally – NPE cases are back. Patent litigation filings in the first half of 2015 are close to 2013 levels. As you are likely aware, this is in stark contrast to the large drops in 2014 filings.
The 2014 drop was largely explained…
Stay Pending Inter Partes Review Warranted by Plaintiff’s Delay in Filing Suit
Ignite USA, LLC v. Pacific Market Int’l, LLC, No. 14 C 845, Slip Op. (N.D. Ill. May 29, 2014) (Holderman, J.).
Judge Holderman granted defendant Pacific Marketing International’s (“PMI’s”) motion to stay plaintiff Ignite USA’s patent litigation case pending the results of PMI’s Inter Partes Review (“IPR”) seeking to invalidate Ignite USA’s asserted patent …
Benefits of Parallel District Court Litigation and Patent Office Review
I wrote this article for IP Law360. I am cross-posting it here with permission — thank you Law360 — because inter partes review (“IPR”) is increasingly a valuable strategy for patent defendants in Chicago, as it is for defendnats across the country.
Inter partes review has become a popular, powerful tool for patent defendants.…