Posts in USPTO


USPTO begins process for finding new leadership at the PTAB

Just days prior to our interview an announcement was made that PTAB Chief Judge David Ruschke would be stepping down and assuming new responsibilities. "At the PTAB, …
By Gene Quinn
19 days ago 7

Exclusive Interview: PTO Director Andrei Iancu and OED Director Will Covey on Practitioner Dues, CLE and Unauthorized Practice

The focus of this interview was OED generally, but more specifically why they Office felt it was necessary to begin charging annual dues to practitioners and what …
By Gene Quinn
20 days ago 11

A Personal Plea From the Zip-It Inventor to Support the Inventor Protection Act

Cobra Products filed a lawsuit for patent infringement. G.T. Water then filed for a re-examination of my patent at the U.S. Patent and Trademark Office …
By Gene Luoma
22 days ago 35

Federal Circuit Vacates PTAB Decision for Failure to Consider Ericsson Reply Brief

In its decision, the Federal Circuit noted that the PTAB is entitled to strike arguments improperly raised in a reply brief under 37 CFR § 42.23(b). However, the appellate …
By Steve Brachmann
24 days ago 0

Fall Line Asserts Seemingly Invalid Patent Against a Host of Major Companies

On August 15, 2018, Fall Line Patents, LLC asserted U.S. Patent No. 9,454,748 against a number of companies. Specifically, Fall Line alleged in nine separate lawsuits that the mobile …
By John M. Rogitz
24 days ago 11

Board Decision Vacated Due to §315 Time-Bar Despite USPTO Intervention

The Federal Circuit recently issued a decision that once again addressed the issue of whether an IPR was time-barred. The Court vacated the final written decision of …

IPR Time-Bar Applies Even If Patent Infringement Suit Voluntarily Dismissed

In Click-To-Call Technologies v. Ingenio, Inc., Yellowpages.com, LLC, the Federal Circuit, sitting en banc, held §315(b) precludes IPR institution when the IPR petitioner was served with …

The Updated PTAB Trial Practice Guide – Not Quite There Yet

While the changes to the Trial Practice Guide begin to move the rules in the right direction, more is needed before post-grant proceedings will be accepted as …
By Russell Slifer
29 days ago 2

Without even a modicum of transparency, PTAB doesn’t deserve benefit of the doubt

The American system of justice is built upon transparency. Transparency is mandatory for there to be a truly fair, balanced, open, honest and equal system where no …
By Gene Quinn
1 month ago 25

Parlor Tricks and Shell Games: How the Invisible Hand of the PTAB Supports Challengers

After dissenting APJ James Arpin was mysteriously and without explanation removed from the case, replaced by APJ Thomas Giannetti. Perhaps there is an innocent explanation for what …
By Gene Quinn
1 month ago 79

Supreme Court Petition Challenges PTAB’s Constitutionality Under the Takings Clause

Advanced Audio’s petition for writ of certiorari notes, all five patents were filed with the U.S. Patent and Trademark Office prior to the enactment of …
By Steve Brachmann
1 month ago 22

The CRISPR Tug of War

The University of California (“UC”) and The Broad Institute, Inc. (“Broad”) are among the leaders in the development of CRISPR technology.  Both UC and Broad filed patent …

Will the USPTO use annual patent practitioner dues to stop the unauthorized practice of law?

It is no secret to anyone in the industry; the unauthorized practice of law is rampant, and OED does nothing to stop it... If charging dues to …
By Gene Quinn
1 month ago 20

Misapplication of Obviousness: What the MPEP gets wrong about obviousness rejections

MPEP 2141 actually cites to Arendi, but then quotes the case entirely out of context. This is a worrisome problem that can be found in many parts of …
By Gene Quinn
1 month ago 18

US Inventor Files Amicus Brief With CAFC in Support of En Banc Rehearing on Single-Reference Obviousness Issue

On August 1st, the non-profit inventor advocacy group US Inventor filed an amicus brief with the Court of Appeals for the Federal Circuit asking the court to …
By Steve Brachmann
1 month ago 0

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