Friday, February 3 2023   \  Published by Patentlyo.

Cancelling a Patent Claim

Cancelling a Patent Claim

by Dennis Crouch

The pending case of Jump Rope Systems v. Coulter Ventures is fascinating to me as someone who teaches both property and civil procedure. The basic questions: (1) As an inter partes review (IPR) proceeding draws to a close – toward cancellation – at what point are the claims no longer enforceable? (2) What is the effect of cancellation, in particular, is it like canceling a magazine subscription where the former subscriber isn’t off the hook for past-due bills; or, is it like an annulment – an Ab Initio Extinguishment? The case also (3) raises a straight-up due process challenge to the IPR system. Read more

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