Law360 recently analyzed inter partes review decisions at the Patent Trial and Appeal Board (PTAB), noting that the percentage of final written decisions invalidating patent claims has decreased in recent months. Law360 reached to Finnegan attorney James D. Stein for his thoughts on why recent PTAB decisions have favored patent owners.
Stein said fewer of the patents now being challenged likely have serious validity problems. He said, "Early on in the life of the proceedings, there were a lot of so-called bad patents that were being challenged. We're working our way to the point where we're starting to see stronger patents challenged. The low-hanging fruit has worked its way through the system." He also commented on the Federal Circuit's review of PTAB decisions. He said, "Judges now have a better idea of what the Federal Circuit is looking for on appeal and can adapt and write opinions in a way that will satisfy the Federal Circuit."
Award/Ranking
Managing IP Americas Awards 2024: Finnegan Shortlisted for Nine Awards, Including Firm of the Year
March 12, 2024
Commentary
February 29, 2024
Press Release
Finnegan Secures Another Patent Victory for BMW Group in the District of Delaware
February 27, 2024
Due to international data regulations, we’ve updated our privacy policy. Click here to read our privacy policy in full.
We use cookies on this website to provide you with the best user experience. By accepting cookies, you agree to our use of cookies. Please note that if you opt not to accept or if you disable cookies, the “Your Finnegan” feature on this website will be disabled as well. For more information on how we use cookies, please see our Privacy Policy.
Finnegan is thrilled to announce the launch of our new blog, Ad Law Buzz, devoted solely to breaking news, developments, trends, and analysis in advertising law.