You’ve probably heard about all of the VLSI drama: the eye-popping $2.18 billion judgment won by non-practicing entity VLSI (funded by Fortress IP), mysterious post-judgment inter partes reviews (IPRs) filed against the VLSI patents, and finally the now-notorious email from OpenSky offering to disrupt their own IPR in exchange for a fee. Folks have jumped all over the email from OpenSky for its obvious bad behavior, but they are also using it as an indictment of the entire Patent Trial and Appeal Board (PTAB). What is noteworthy here is not the email—this type of behavior is extremely rare. The real story here is what the system got right, and where it failed.
Recent Posts
- Other Barks & Bites for Friday, May 9: USPTO Responds to GAO Report; Stewart Welcomes National Inventors Hall of Fame Inductees; CAFC Defines ‘Ground’ for IPR Estoppel Statute
- PTAB Designates as Informative Stewart Decision on Discretion to Institute in Context of Parallel District Court Litigation
- Judge Hughes Again Calls Out CAFC’s Overly Rigid Article III Analysis for Pharmaceutical Cases
- Coke Stewart’s Recent Show Cause Order Offers Hope for Addressing Serial Patent Challenges
- The USPTO Should Reintroduce the AFCP Program—Now