Posts in Government


Eagle Forum remembers Conservative legend and champion of inventors, patent system

Phyllis Schlafly was a giant who well understood the importance of the U.S. patent system, why structural choices were made that lead to a unique patent …
By Gene Quinn
20 hours ago 3

Former Cisco Executive Giancarlo peels back ‘false narrative’ on patent trolls, patent reform

The true agenda of those who support further reform of the U.S. patent system is as follows: to discriminate against entities which license technologies instead of …
By Steve Brachmann
1 day ago 8

Is there a Tide-Change in the Prospects of Patenting Business Method Innovations?

In the years after the Alice decision, it had seemed as though examiners in the business method art units felt as though their hands were tied with …
By Kate Gaudry
1 day ago 4

America’s largest tech firms acknowledge plenty of issues with the current U.S. patent system

Typically, the reform debate over the U.S. patent system features smaller players, but America’s largest tech firms also have issues with the patent system, which …
By Steve Brachmann
2 days ago 6

PTAB Procedural Reforms are Necessary to Restore Balance and Due Process

Under the current PTAB system, irreparable harm is occurring to patent holders. Conversely, virtually no harm will be done to petitioners by putting on the brakes. Charging …

USPTO gets $3.6 billion in President’s FY 2018 budget, avoids fee diversion

Under President Trump's FY 2018 budget the USPTO will receive $3,586,193,000 from fees collected and to be available until expended. This appropriation would result in $0 being provided to the …
By Gene Quinn
3 days ago 9

SCOTUS to hear SAS Institute v. Lee, could impact estoppel effect of IPR proceedings

The nation’s highest court will once again address issues surrounding the controversial Patent Trial and Appeal Board (PTAB) of the United States Patent and Trademark Office (…

Superbugs Require New Weapons: Strong, Effective Intellectual Property Rights May Be Our Best, Last Hope

The dangers of killer germs and superbugs are not limited to bird flu in China, Ebola in West Africa, Zika in South America and MERS in the …

The importance of reviewing statistics within an individual art unit

We collected statistics on recent activity within Art Unit 1655, which covers drug, bio-affecting and body treating compositions. Overall, this Art Unit has an allowance rate of 54.3%, meaning …
By Steve Brachmann
4 days ago 2

Alice Who? Over Half the U.S. Utility Patents Issued Annually are Software Related!

I have always argued that software patent eligibility is a must in a country where patent rights are guaranteed by the Constitution. That is, all fields of …
By Raymond Millien
5 days ago 12

CAFC may consider whether an inter partes reexamination was properly instituted based on the presence or withdrawal of a party

In re AT&T Intellectual Prop. II, L.P., Appellant AT&T Intellectual Property II, L.P. (“AT&T”) appealed from a final decision of the Patent …

Cisco Successfully Invalidates Patent for Lack of Written Description

Cisco challenged Cirrex’s patent via inter partes reexamination, asserting a lack of written description. The Board affirmed the Examiner’s findings, that the patent, as amended, …

PTAB Reversed for Failing to Explain the Basis for its Obviousness Decision

The Federal Circuit vacated and remanded the PTAB's decision in an inter partes review proceeding, finding the Board did not set forth its reasoning for finding the …

Statements Made by Patent Owner During IPR Can Support Finding of Prosecution Disclaimer

In the case of Aylus Networks, Inc. v. Apple Inc., the Federal Circuit affirmed the district court’s finding of summary judgment for Apple Inc. (“Apple”). The …

How Many Times Should Qualcomm be Paid for Old Technology?

The FTC laid out Qualcomm’s predatory licensing tactics in its complaint. Instead of treating all companies the same, Qualcomm refuses to license to other chip makers …
By Matt Levy
8 days ago 18