Category Archives: Patent Litigation

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Secondary Considerations Save the Day for Bottle Cap Patent

In World Bottling Cap v. Crown Packaging Technology, the PTAB relied upon the patent owner’s “compelling evidence of secondary considerations” to uphold the patentability of a bottle cap patent. The patent claimed a seemingly simple invention, a bottle cap made from steel that is thinner and harder compared to that of conventional caps. All elements … Continue Reading

Secondary Considerations and the Presumption of Nexus: Is This Any Help to Patent Owners?

Patent Owners have achieved little success with secondary considerations of nonobviousness in AIA trials at the Patent Trial and Appeal Board. The threshold for showing the proper nexus between the alleged secondary considerations and the claimed invention has been difficult to attain—and often it is found to be lacking. With the recent decision in WBIP, … Continue Reading

Professors Advocate a Different Take on IPR Claim Construction

As PTAB practitioners are likely aware, oral argument in Cuozzo Speed Technologies, LLC v. Lee – the first Supreme Court case addressing post-grant proceedings – took place on April 25. At issue in Cuozzo is the proper claim construction standard to apply in an inter partes review. Urging the Supreme Court to retire the BRI … Continue Reading

Q1 Patent statistics – NPEs are the most prevalent patent litigation filers

Unified Patents recently released its quarterly patent litigation statistics. This article summarizes these statistics and supplements with the USPTO’s data as applicable. The statistics are interesting because they show that non-practicing entities (NPEs) are major filers of patent litigations, both in district courts and in front of the Patent Trial and Appeals Board (PTAB). The … Continue Reading