A Federal Circuit reversal [in the Zaxcom appeal] could have “a fairly significant impact” on patent validity trials, Doug Wilson, a patent attorney at Armond Wilson LLP, said.
“Issues surrounding institution [in IPR proceedings] may now prove to be more contentious, Michelle Armond, founding partner at Armond Wilson LLP, said.”
The board has been active through 2020 in issuing guidance “on scenarios that might impact whether they should conduct IPR trials,” Michelle Armond, co-founder of Armond Wilson LLP, said.
Law360 published Armond Wilson’s statistical analysis showing that filing optional briefs in IPR proceedings can fundamentally impact outcomes.
Partner Michelle Armond was recognized as a 2020 IP Star by Managing Intellectual Property.
Michelle Armond was featured in April in the Federal Circuit Bar Association’s Leadership In the Profession podcast series.
Secondary considerations like commercial success don’t “mean a whole lot unless there’s some tie between the claimed invention and that success,” Doug Wilson, a patent attorney at Armond Wilson LLP, said.
IPWatchDog featured Armond Wilson’s expert analysis examining how patent owners can leverage IPR proceedings in litigation.
Many depositions are still conducted in a “very archaic fashion,” said Doug Wilson, a trial attorney at Armond Wilson LLP. “I’m hopeful that in a situation like this, people will start to think about whether that makes sense anymore.”
Scenarios in which parties try to invalidate patent claims with prior art used by examiners in granting the intellectual property protection come up “all the time,” Armond Wilson LLP co-founder Michelle Armond said.