Posts in Government


Tax Reform will Harm Inventors, High Tech Start-ups

More disturbing than the harmful effects the proposed changes would have – this signals a continuing approach toward patent rights as not being a property right, which contradicts …
By Paul Morinville & Gene Quinn
14 days ago 3

The Patent Bargain and the Fiction of Administrative ‘Error Correction’ in Inter Partes Reviews

In justifying the constitutionality of the inter partes review (“IPR”) statute enacted by the America Invents Act (“AIA”), a common refrain persistently asserted is that patent rights …

Predicting SAS Institute v. Matal after SCOTUS Oral Arguments

My thoughts continue to be that the statute is very simple and mandates the PTAB to issue a final written decision on all claims challenged. This seemed …
By Gene Quinn
15 days ago 0

Another IP Professor Attack On Patenting

I was just thinking how often someone teaching intellectual property law leads the attack on the patent system when "Racing for academic glory and patents: Lessons from …
By Joseph Allen
15 days ago 20

PTAB Chief Ruschke says Expanded Panel Decisions are Conducted in Secret

Ruschke noted that his authority to expand the panels for PTAB trials doesn’t require him to notify the parties in the trial that the decision to …
By Steve Brachmann
15 days ago 5

Senator Coons, Acting Director Matal give Keynote at IAM Patent Policy Conference

The second (lunch) keynote was from a patent fan: Senator Chris Coons (D-DE). By now, I have heard him speak on several occasions and it is always …
By John White
15 days ago 2

Predicting Oil States after Supreme Court Oral Arguments

After oral arguments were held on Monday, November 27, 2017, I again asked a number of industry insiders what thoughts and predictions they now have after having the benefit …
By Gene Quinn
16 days ago 34

Open Letter from Conservatives: What’s at stake in Oil States v. Greene’s Energy Group

If wrongly decided, Oil States Energy Services v. Greene’s Energy Group may be the next Kelo v. City of New London decision. At bottom, the case …

PTAB Chief Judge Ruschke Must be Beyond Reproach

I was dismayed recently when I received my invitation from Unified Patents to their conference where the keynote speaker was David Ruschke, Chief Judge for the Patent …
By Aaric Eisenstein
16 days ago 9

Inventors Protest PTAB on Supreme Court Steps

Yesterday, a group of dedicated inventors took to the steps of the United States Supreme Court in order to protest the Patent Trial and Appeal Board (PTAB) …
By Gene Quinn
16 days ago 2

Supreme Court seems split on Oil States constitutionality challenge to IPR proceedings

Justice Gorsuch seems the most likely, based on his questions, to support the petitioner's position that there is a constitutional infirmity surrounding IPR proceedings. Chief Justice Roberts …
By Gene Quinn
17 days ago 26

Tech’s Ruling Class Files Amici Briefs with U.S. Supreme Court in Oil States Case

October 30th was a very busy day for amici filing briefs with the U.S. Supreme Court on how the highest court in the nation should decide …
By Steve Brachmann
17 days ago 7

Director Andrei Iancu’s Act One

Andrei Iancu is leaving an extremely lucrative position as Managing Partner at Irell to make his mark upon the patent system as Director for a salary that …
By Robert Stoll
18 days ago 12

Law Professors File Briefs with the Supreme Court in Oil States

A review of amici briefs filed with the U.S. Supreme Court in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC provides evidence of …
By Steve Brachmann
18 days ago 5

Solicitor General Tells SCOTUS that Patents are Public Rights in Oil States Brief

The government’s brief argues that IPR proceedings at the PTAB are consistent with Article III because, in its view, patents are public rights and not private …
By Steve Brachmann
18 days ago 0