News and Cases Involving Post-Grant Proceedings at the Patent Office
23Dec 17
Expanded Panel Curtails Sovereign Immunity Defense
An expanded panel of the Board has ruled that sovereign immunity from IPR is waived if the patentee files an infringement action on the patent in district court. The Eleventh…
12Dec 17
IPR Petition Denied for Reliance on a Joint Declaration
A single declaration providing joint statements of two declarants was given little weight for presenting practical difficulties for cross-examination. In CSL Behring Gmbh v. Shire Viropharma Inc., IPR2017-01512 (PTAB Dec. 7,…
09Dec 17
PTAB Designates Three Decisions Regarding 35 U.S.C. § 325(d) as Informative Opinions
The Board has designated three decisions as "informative" to provide guidance to parties as to how it may deny IPR petitions that rely on prior art or arguments that have…