"Despite all of the constitutional challenges that have been raised against IPR proceedings, like it or not IPR proceedings are here to stay,” Michelle Armond, a founding partner at Armond Wilson LLP in California, said, referring to the widely used inter partes review. “Maybe there will be some modifications, but IPRs are not going anywhere."
Both [Federal Circuit] rulings focused on “claim language that didn’t have a well understood meaning in the technical field,” Michelle Armond, founding partner at Armond Wilson LLP, said. “Each adopted a very different technique to deal with that.”
Doug Wilson was again recognized as a top IP lawyer in the United States in the Best Lawyers in America.
Michelle Armond, a partner at Armond Wilson and former clerk for Judge Richard Linn of the Federal Circuit, said selecting appellate lawyers is a very complex problem.... “But if you are asking me today, can AI correctly discern the right appellate counsel for every appeal? We are definitely not there yet.”
After a full trial at the Patent Office, Douglas Wilson defeated five separate IPR petitions and saved all challenged claims in a portfolio of four secure messaging patents.
“As I read it, the concurrence is sending a very strong signal that the Supreme Court should weigh in on this issue and provide some guidance on standing in the administrative context,” Michelle Armond said.
“Standing is percolating up a lot,” Michelle Armond of Armond Wilson LLP said. “It's showing up in these IPR disputes, and I think the Federal Circuit is starting to pay a lot of attention to this.”
"[The Supreme Court's Helsinn decision] was an important case showing that the AIA was a big change in the law but it did not totally reinvent patent law," Michelle Armond of Armond Wilson LLP said.
Michelle Armond, founding partner at Armond Wilson LLP, said the precedential ruling creates an additional requirement not in Section 251, which addresses the reissuing of defective patents... “The Federal Circuit is establishing new legal requirements,” Armond said.
“The Federal Circuit has made it clear they’re not deciding these IPR appeals for fun, because they’re being deluged with them,” said Michelle Armond, a partner for Armond Wilson in Irvine, California, who has been following the cases as a PTAB trials and appeals specialist. The court is applying “pretty strict criteria” on standing.