Posts in Government

A Google Opponent Actually Wins an IPR Battle with the Tech Giant

On February 22, 2018, the U.S. Court of Appeals for the Federal Circuit issued a non-precedential decision in Google, LLC v. At Home Bondholders’ Liquidating Trust (2016-2727, 2016-2729). …
By John M. Rogitz
11 days ago 0

PTAB Judges Shockingly Inexperienced Compared to District Court Judges

This study uncovered several shocking revelations. First, 12.64% of PTAB judges were appointed with less than 5 years of experience prior to their appointment as APJs (i.e., 5 years …
By Gene Quinn
12 days ago 63

Law Professor Notes PTAB’s Decision on Sovereign Immunity Goes Well Beyond the Constitution

As Sherkow’s Twitter critique notes, however, this hesitation to extend sovereign immunity to tribes in proceedings at the PTAB without precedent for doing so presumes that …
By Steve Brachmann
12 days ago 8

PTAB is Bogged Down by Eligibility Appeals

The low allowance rates and nearly blanket eligibility-rejection issuance in the business-method art units is not without consequence. Beyond disincentivizing innovation, the examination of business-method applications is …
By Samuel Hayim & Kate Gaudry
13 days ago 17

The Real Genius of the Founders: Making America’s Patent Fees Affordable

The original patent law passed by Congress on April 10, 1790 deliberately set patent fees to a level any ordinary citizen could afford — initially $3.70, but three years later raised …
By David Kline
14 days ago 6

The Petri Dish Effect will keep Technology in China for Generations

Wealth in Silicon Valley created and then funded more startups, and the cycle continued. It was like a petri dish, only with a multiplication of startups instead …
By Paul Morinville
14 days ago 6

Prosecution Disclaimer 101: Argument relied upon by examiner results in prosecution disclaimer

The PTAB found the claims in question obvious for two reasons. First, in its primary ruling the PTAB held that there was no prosecution disclaimer, finding the "…
By Gene Quinn
16 days ago 2

The Unpredictable Prospects of Patenting Cancer Innovation

Art Unit 1618 and 1621 are both identified as relating to “organic compounds – part of the class 532-570 series.” However, the patenting probability for cancer related applications is markedly …

The U.S. Patent System, not China’s IP Policies, is the Reason Behind America’s Decline in Global Competitiveness

Several months ago, the Trump Administration launched an investigation into Chinese trade policies that are responsible for expropriating American intellectual property (patents, trademarks, copyrights).  This investigation is …

Tech Super Giants Maintain Standard Oil Sized Monopolies

Between 1882 and 1906, this market dominance reportedly brought Standard Oil a total of $838,783,800 in net income. On an annual basis, that would mean that Standard Oil earned nearly $35 …

FTC can Proceed Against AT&T for Throttling Data Speed of ‘Unlimited’ Data Users

AT&T Mobility argued in a motion to dismiss that they were exempt from the jurisdiction of the Federal Trade Commission (FTC) because they qualify as a "…
By Gene Quinn
20 days ago 3

PTAB Denies St. Regis Mohawk Assertion of Sovereign Immunity

The Patent Trial and Appeal Board (PTAB) of the U.S. Patent and Trademark Office denied the Motion to Dismiss filed by the Saint Regis Mohawk Tribe. …
By Gene Quinn
20 days ago 23

Working Out with Octane Fitness: Four Years Later

On February 2, 2018, in Sophos Inc. v. RPost Holding, Inc., Judge Denise Casper became the latest judge to declare a case “exceptional” under 35 U.S.C. § 285 and award …

How Patent Owners Can Disqualify Prior Art References Relied Upon by Petitioner for Unpatentability

To request cancellation of one or more claims of a patent in an inter partes review (IPR), a petitioner must challenge the claim on the basis that …
By Joshua Javitz
23 days ago 10

Apply Evidence-based Approach to Antitrust Law Equally to Innovators and Implementers

As judges, former judges and government officials, legal academics and economists who are experts in antitrust and intellectual property law, we write to express our support for …