An expanded PTAB panel has determined that the filing of a federal court action waives the University of Minnesota’s Eleventh Amendment immunity, in the fourth decision to address state sovereign immunity
The Patent Trial and Appeal Board has denied the patent owner’s motion to dismiss inter partes review (IPR) in Ericsson v Regents of the University of Minnesota.
"The good news is that software patents continue to be invalidated at a very high rate at PTAB."The rest is behind paywall. The USPTO will make inter partes reviews (IPRs) more expensive, just like the EPO did in order to render "access" to appeal boards more limited/financially prohibitive. If the number of IPRs declines a wee bit, that might be why.
The good news is that software patents continue to be invalidated at a very high rate at PTAB. "PTAB reverses abstract idea rejections about 17% of the time," Anticipat wrote. That means that 83% of the time it does not. Anticipat continues trying to undermine SCOTUS and promote software patents. They're selling their product/service and if they blurt out some statistics, we can take advantage of those and present them differently.
For difficult grounds of rejection, the right advocacy can make all the difference. The right counsel can know when to appeal and how to win on appeal. Here, we explore the demographic of firms that represent appellants that overturn one of the most difficult of all rejections: Section 101 abstract idea. Recent data show that while some big/specialized firms are successful, others without the same name recognition also are doing relatively well.
We have previously reported that in the post-Alice era, the PTAB reverses abstract idea rejections about 17% of the time. Updated for the past few months (blog post forthcoming), this overall rate has dipped. But this low percentage still represents a sizeable 135 decisions over the past year and a half (specifically, July 25, 2017 through December 1, 2017). This span of time represents the applications that are most likely to have been issued a post-Alice rejection and subsequently appealed. It turns out that select firms make up a good share of these successes, followed by a long tail of single reversals per firm.
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For the uncertainties, Section 101 case law has been evolving very regularly since Alice, meaning that there is a large amount of unpredictability and volatility.