Posts in USPTO


What Direction Will the Incoming Director of the U.S. Patent and Trademark Office Need to Provide?

Overall, incoming USPTO leadership must have the capacity to see the “big picture” and weigh options for improving our innovation economy. Recognition that recent changes have weakened …
By Manny Schecter
10 hours ago 1

Next PTO Director faces a U.S. patent system at a crossroads

It is imperative that the next PTO Director hold certain fundamental believes. At a minimum, the next Director must: (1) View issued patents as an important and valuable …
By Gene Quinn
12 hours ago 8

Event planner Blue Ivy wins motion for early discovery in trademark opposition case against Beyoncé

On June 21st, however, an administrative trademark judge at the Trademark Trial and Appeal Board (TTAB) granted Blue Ivy’s motion for early discovery. The discovery is …
By Steve Brachmann
14 hours ago 0

Andrei Iancu: The man who may be the next USPTO Director

If the Washington, DC rumor mill is correct Commerce Secretary Wilbur Ross will soon announce that Andrei Iancu will be the next Under Secretary of Commerce for …

The PTAB Killing Fields: VirnetX patents worth more than $1 billion in district court lost at PTAB

So obviously the patent claims VirnetX has used to pursue infringers such as Apple and Microsoft are not the weak patents that opponents of the patent system …

Broad List of References by PTAB Not Adequate Notice of Specific Combinations of Prior Art

The Court warned that by holding that EmeraChem did not have adequate notice or opportunity to respond, it was not holding that the Board is constricted in …

Lex Machina PTAB report highlights top petitioners, patent owners and law firms appearing in cases

Some of the reports most interesting findings involve which entities are most active at the PTAB as well as the law firms representing parties most frequently during …
By Steve Brachmann
5 days ago 0

Apple, APJ Clements and final written decisions: a lethal cocktail for patents

When just looking at the subset of final written decisions resulting from Apple petitions where APJ Clements was on the panel, 24 final written decisions deem all claims …
By Steve Brachmann
6 days ago 9

Industry Reaction to SCOTUS First Amendment Decision in Matal v. Tam

Lauren Emerson, Baker Botts, LLP: "Today’s decision, while not surprising, is momentous, as any decision striking a longstanding legislative provision based on freedom of speech would …
By Gene Quinn & Renee C. Quinn
8 days ago 8

Sovereign Immunity of Patents: While a Strong Benefit to Patent Owners, These Patents Remain Subject to Traditional Challenges

The United States Patent Trial and Appeal Board (“PTAB”) recently dismissed another inter partes review (“IPR”) based on an assertion of 11th Amendment sovereign immunity.  This decision …

Where is the Federal Circuit on Aqua Products?

More than six months have passed since the en banc rehearing in Aqua Products without a decision from the Federal Circuit. It could be an indication that …

IPR Settlements: A pyrrhic victory for patent practitioners, a loss for patent owners

Howard further explained, however, that it is a mistake to think that characterizing IPR settlements as a "win" is the only way to look at it... In …
By Gene Quinn & Steve Brachmann
10 days ago 9

Federal Circuit Affirms CBM Unpatentability Holding; Finding Estoppel Did Not Apply

In Credit Acceptance Corp. v. Westlake Servs. the Federal Circuit affirmed a decision of the Patent Trial and Appeal Board (“Board”) in a Covered Business Method (“CBM”) …

Capitulation Settlements in IPR are No Win for Patent Owners

Unified Patents challenges patents by filing inter partes review proceedings. They tout on their website that they are "the only entity that challenges bad patents and never …
By Gene Quinn
12 days ago 40

Are more than 90 percent of patents challenged at the PTAB defective?

At least 84 percent of patents reaching a final written decision in a PTAB validity challenge are adjudicated to have at least one invalid claim (usually many more …