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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…

Next week, on March 15, 2017, the Federal Circuit Bar Association and the Intellectual Property Law Association of Chicago are hosting an Intellectual Property Law Symposium at the University Club of Chicago from 8:45am until 5:00pm.  Register here.  Speakers include Northern District of Illinois Judges Castillo, Feinerman, Holderman (Ret.), Kendall, and Pallmeyer; as…

I attended the 14th annual Rocky Mountain IP & Technology Institute at the beginning of June. This panel looked at the PTAB case law and related Federal Circuit decisions over the last year.  Here are the highlights:

  • Institution trends
    • 87% institution rate in fiscal 2013 trending downward and settling in fiscal 2015-16 around two-thirds

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I attended the 14th annual Rocky Mountain IP & Technology Institute at the beginning of June. An interesting addition to this year’s Institute was the panel of PTAB personnel, including the following:

  • Nathan Kelley, PTO Solicitor and former Acting Chief Administrative Patent Judge
  • Patrick Bucher, Administrative Patent Judge
  • Melissa Haapala, Administrative Patent Judge
  • K

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