In the Oil States decision handed down today, Justice Thomas authored the 7-2 majority decision affirming the constitutionality of IPR proceedings over challenges based on Article III separation of powers and the 7th Amendment Right to Trial by Jury. Depending upon which camp you are in, this will be seen as either generally favorable (petitioners) or generally unfavorable (patent owners).
Does a company that provides software perform a service that supports a service mark? In today’s technology-driven markets, this question is raised with increased frequency. The Federal Circuit Court of Appeals’ recent decision in In re JobDiva, Inc. delivered good news to companies using this business model, although it also cited a caveat.
Brad Pedersen will be discussing inter partes review with David Kappos in this webinar hosted by Gene Quinn of IPWatchdog. In addition to taking questions from the audience, they will discuss: (1) Whether there really is an inherent bias at the PTAB; and (2) Patentee estoppel – what is it and how can it be used by challengers to put patent owners at an even more serious disadvantage. Register here!
Patterson Thuente IP and Puget Bioventures were successful at the Federal Circuit with a unique case involving a patent that expired during a PTAB appeal. On January 14, the US Court of Appeals for the Federal Circuit vacated an inter partes re-examination decision, upholding some of the claims and affirming validity of other claims in Puget’s patent on knee replacement technology.