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Eric Krause


Axinn, Veltrop & Harkrider

Eric Krause is a partner in the Intellectual Property Group at Axinn. He has handled patent and trade secret disputes in numerous district courts, the International Trade Commission, and the Patent Trial and Appeal Board. Eric is registered before the United States Patent and Trademark Office and is a former engineer working in the fields of system BIOS, system management, and emerging technologies.

Eric has counseled clients across a variety of industries and technologies involving semiconductor design, semiconductor fabrication and manufacturing tools, Internet of Things (IoT), display and video coding technologies, video streaming, graphics and animation, mobile applications, and wireless communications.

Recent Articles by Eric Krause

USPTO’s ANPRM Sets the Stage for Latest Revamp of the Discretionary Denial Process

Between the precedential Fintiv decision in March of 2020 and Director Vidal’s Guidance Memo regarding the application of Fintiv in June of 2022, the discretionary denial rates of inter partes review (IPR) institution decisions under 35 U.S.C. § 314(a) plummeted from 40-50% to 11-16%. Coupled with the order issued by the Chief Judge of the Western District of Texas in July of 2022 declaring that all new patent cases filed in the Waco Division will be randomly assigned among the 12 judges in the district, the substantial decline in denials based on Fintiv in 2022 was not surprising. Now, amid speculations that Fintiv denial rates will increase once again, the USPTO recently announced a set of proposed rules on discretionary denial practice in an Advance Notice of Proposed Rulemaking (ANPRM).