Insights

Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.

Tagged edtx · clear

Courts Apply More Flexible Analysis to PTAB Estoppel

Reasonably Could Have Raised & Reasonably Diligent Prior to last year’s SAS decision , district courts split over whether non-petitioned grounds were embraced by the “reasonably could have raised” aspect of 35 U.S.C. §§…

November 11, 2019PTAB3 min read

Judge Gilstrap Cautions on Tactics Directed Solely to PTAB Interests

Court Takes Offense to Tactics Geared to PTAB Alone Litigants beware; Judge Rodney Gilstrap (E.D. Texas) warned litigants considered to be using the district court proceedings to posture positions in co-pending CBM proceedings that ‘[t]he Court does…

January 22, 2019PTAB3 min read