Patent Owner Waives Sovereign Immunity in IPR Proceeding by Filing Infringement Suit

Patent Owner Waives Sovereign Immunity in IPR Proceeding by Filing Infringement Suit

By: Margaux Savee 

An expanded panel of seven patent judges in an IPR proceeding held that the Regents of the University of Minnesota waived its Eleventh Amendment immunity by filing an action in the district court alleging infringement of the same patent challenged in the IPR. LSI Corp. and Avago Technologies U.S. Inc., Case IPR2017-01068 (Dec. 19, 2017).

Read More

Summary of Oral Arguments in "Oil States"

Summary of Oral Arguments in "Oil States"

By Stephanie J. Moats

The U.S. Supreme Court asked tough questions during the oral arguments in Oil States Energy Services LLC v. Greene’s Energy Group LLC. This case challenges the constitutionality of inter partes review (IPR), a procedure established under the America Invents Act. There are 5 themes that came up during oral arguments on Monday. 

Read More

PTAB Allows Amicus Brief in Allergan IPRs

PTAB Allows Amicus Brief in Allergan IPRs

By Margaux A. Savee

In an interesting turn of events, the Board is now permitting amicus briefs in the hotly disputed case between Allergan, Inc. and generic drug makers relating to patents for Allergan’s dry eye drug, Restasis. This appears to be the first time that the Board has allowed amicus briefs in a post-grant challenge.

Read More

Inter Partes Review Proceedings on Fracking Procedures

Inter Partes Review Proceedings on Fracking Procedures

By: Babak Monajemi

Oil States Energy Services v. Greene’s Energy Group (hereinafter, Oil States) involves United States Patent No. 6,179,053, (the ’053 Patent) directed to using a mechanical lockdown mechanism in hydraulic fracturing (known as “fracking”) procedures. In 2012, the Plaintiff filed a patent infringement suit against the Defendant (Greene’s Energy Group).  Almost one year into the litigation, the Defendant petitioned the USPTO for inter partes review of the ‘053 claims.

Read More

A Brief Overview of Pharmaceutical IPRs and Statistical Outcome

A Brief Overview of Pharmaceutical IPRs and Statistical Outcome

By: Jeffrey Kuo and Afia Naaz
Edited by: Margaux Savee

Patent invalidation is a high stakes game for the pharmaceutical industry. Patented drug sales account for about 70% ($244 billion) of pharmaceutical sales in the US, and invalidation of patents at the Patent Trial and Appeal Board (“PTAB”) has an impact on pharmaceutical share prices.

Read on for more information including:

  • Comparing IPR with District Court Litigation of Pharmaceutical Patents
  • Statistical Outcomes of Pharmaceutical IPRs
Read More