Talbot Hansum (US)

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New PTAB Rules Take Effect May 2, 2016

The Patent Office has published a final rule with amendments to 37 CFR § 42, et seq., governing IPR, CBM, PGR, and derivation proceedings before the Patent Trial and Appeal Board. The new rules take effect Monday, May 2, 2016 and apply to all AIA petitions filed on or after that date and to any ongoing proceeding … Continue reading

PTAB Declines to Sanction Petitioner Based on Alleged “Profit Motive”

By Talbot Hansum (US) on October 29, 2015 Posted in General

In Coalition for Affordable Drugs VI, LLC v. Celgene Corp., a six-judge panel denied a Patent Owner’s Motion for Sanctions against a Petitioner allegedly using IPRs to attack the Patent Owner’s primary product lines in an apparent attempt to deflate stock prices and short-sell the Patent Owner’s stock. IPR2015-01092, 01096, 01102, 01103, and 01169 (PTAB … Continue reading

A reminder from the PTAB that pro hac vice admission is not automatic

By Talbot Hansum (US) on January 14, 2015 Posted in General

In QSC Audio Products, Inc. v. Crest Audio, Inc., the PTAB denied the Petitioner’s unopposed motion for pro hac vice admission because the affidavit in support of the motion failed to meet certain requirements. IPR2014-00127, Paper 32 (December 23, 2014). 37 C.F.R. § 42.10(c) provides that where lead counsel in a PTAB trial proceeding is … Continue reading