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Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged ptab · clear

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Institution rates have moved, but the reasoning behind them has moved further. The number most petitions still cite is the headline institution rate — and it has not been the operative number for two years. The two stage problem A petition now has to…
APPLE INC. v. SQUIRES Before Lourie, Taranto , and Chen. Appeal from the United States District Court for the Northern District of California. Summary : Challenged instructions that the PTO’s Director gave to the PTAB regarding discretionary denial…
The Patent Trial and Appeal Board remains one of the most influential forums in U.S. patent disputes. For many companies, PTAB proceedings are no longer a secondary option but a core component of broader enforcement and defense strategies. As a result,…

Over the past six years, patent enforcement in the United States has been constantly shifting. Court decisions, changes in PTAB practice, and the realities of global manufacturing have all influenced how patent disputes are filed and defended. District…
CASE OF THE WEEK EscapeX IP, LLC c. Google LLC , Appeal No. 2024-1201 (Fed. Cir. Nov. 25, 2025) Our Case of the Week concerns an attorney fee award in a lawsuit filed by non-practicing entity EscapeX against Google. Following various forms of exceptional…

In a closely watched dispute that sits at the intersection of patent validity, administrative review, and high-stakes smartphone litigation, the U.S. Supreme Court on November 17, 2025, declined to hear an appeal brought by Gesture Technology Partners…
Written by :Jacob R. Rosenbaum and Sashank Krothapally In Re MOTOROLA SOLUTIONS, INC. Before Dyk, Linn , and Cunningham Summary : The PTO Director has unreviewable discretion to deny institution of IPR proceedings in view of parallel proceedings, even when…
Written by : Jacob R. Rosenbaum and Henry P. FitzGerald Centripetal Networks, LLC, v. Palo Alto Networks, Inc. Before Moore, Hughes, and Cunningham . Appeal from the Patent Trial and Appeal Board. Summary: Despite affirming the denial of…
CASE OF THE WEEK Rex Medical, L.P. v. Intuitive Surgical, Inc. , Appeal Nos. 2024-1072, -1125 (Fed. Cir. Oct. 2, 2025) In this week’s Case of the Week, Rex Medical, L.P. (“Rex”) appeals from a decision out of the U.S. District Court for…

Over the past decade, the Patent Trial and Appeal Board (PTAB) has become one of the most influential venues in U.S. patent law. From fast-moving Inter Partes Reviews (IPRs) to Post-Grant Reviews (PGRs), PTAB has redefined how companies defend, challenge,…
Written by : Jacob R. Rosenbaum and Alistair J. McIntyre IGT v. ZYNGA INC. Before Prost, Reyna, and Taranto . Appeal from the Patent Trial and Appeal Board (PTAB). Summary : Interference estoppel does not apply when the interference was terminated due to a…