Australian House of Parliament, where similarly important decisions have been made lately (including de facto ban on software patents as per IP Australia's policy)
THE Patent Trial and Appeal Board's (PTAB) inter partes reviews (IPRs) aren't just secured by Oil States; the new Director of the USPTO will need to coexist with PTAB, seeing that nothing but a case with his name on it (SAS and Iancu) favours PTAB cutbacks.
"It's quite likely the final stop."The remainder is behind a paywall.
"Allergan is not protected from PTAB review by the Saint Regis Mohawk Tribe’s sovereign immunity, says the appeals court in a ruling that relies on the Supreme Court’s FMC opinion," Michael Loney wrote.
Over at Patent Progress, Josh Landau (CCIA) wrote:
Today, in Saint Regis Mohawk Tribe v. Mylan Pharmaceuticals, the Federal Circuit held that tribal sovereign immunity does not provide a right of immunity in inter partes reviews (IPR).
In an opinion by Judge Moore, writing for herself and Judges Dyk and Reyna, the Federal Circuit focused on the PTO Director’s ability to decide whether or not to proceed with an IPR, a decision which ensures that “if IPR proceeds on patents owned by a tribe, it is because a politically accountable, federal official has authorized the institution of that proceeding.” This aspect of IPR is sufficient to treat IPR as a proceeding “in which an agency chooses whether to institute a proceeding on information supplied by a private party,” exactly the type of proceeding which the Supreme Court has previously held would not be subject to state sovereign immunity, and by extension to tribal sovereign immunity. (CCIA joined an amicus brief suggesting the Federal Circuit deny tribal immunity on this ground, among others.)
"Watchtroll is of course cherry-picking outcomes or cases that serve to distract from the majority of cases..."Moore was recently mentioned in relation to a decision about Alice, with words taken out of context to insinuate that Congress should look into it. We debunked these lies from the patent microcosm at the time. Vis-à-vis Judge Moore, yesterday Watchtroll mentioned her and and her superior Chief Judge Sharon Prost:
On Monday, July 16th, the Court of Appeals for the Federal Circuit issued a precedential decision in Blackbird Tech v. ELB Electronics, which vacated an earlier judgment of non-infringement of a patent asserted by Blackbird in the District of Delaware. The Federal Circuit panel of Chief Judge Sharon Prost and Circuit Judge Kimberly Moore determined that the district court had erred at construing the claim term “attachment surface” in finding non-infringement of the asserted claims. Circuit Judge Jimmie Reyna dissented in this case.
The patent-at-issue is U.S. Patent No. 7086747, titled Low-Voltage Apparatus for Satisfying After-Hours Lighting Requirements, Emergency Lighting Requirements, and Low Light Requirements. Issued in August 2006, it covers an energy-efficient lighting apparatus having a ballast cover, a plurality of ballast cover holes, a circuit board having a plurality of light-emitting diodes (LEDs) which protrude through the ballast cover holes, wherein the lighting apparatus is connected to a wall switch and the illumination of the LEDs is based upon the position of the wall switch. The resulting invention provides a lighting apparatus which meet after-hours or emergency lighting requirements more efficiently and conveniently for commercial building environments.