Posts in USPTO


Federal Circuit Reverses and Remands Board Decision Upholding Patentability

In an appeal from an IPR in which the Board upheld the patentability of several patent claims, the Federal Circuit vacated the decision and remanded to the …

Senate Schedules Andrei Iancu Confirmation Vote for February 5

On Monday, February 5, 2018, the United States Senate will hold a confirmation vote on Andrei Iancu, President Trump’s pick to become the next Under Secretary of Commerce …
By Gene Quinn
19 days ago 2

2017 Saw Fewest Patent Lawsuits Filed Since 2011

Q4 2017 saw a total of 981 patent infringement cases filed in district courts, the second-lowest total for any quarter in 2017 and the third-lowest total for any quarter dating …
By Steve Brachmann
19 days ago 8

Google Suffers IPR Defeat on Patent Asserted Against YouTube by Network-1

On Tuesday, January 23rd, the Court of Appeals for the Federal Circuit issued a ruling in Google LLC v. Network-1 Technologies, Inc. which affirmed a finding by …
By Steve Brachmann
20 days ago 0

Is a ‘Bad Patent’ really that bad?

Here we go again with a new villain, the bad patent. If a patent is a bad patent, there must be a negative economic effect. But what …

If it Looks Like a Kangaroo, Hops Like a Kangaroo…

What’s abundantly clear – and disastrous for both the patent system and the public – is that the PTAB’s Kafkaesque rules for complaining about anything outside of …
By Aaric Eisenstein
21 days ago 4

Why did two APJs issue an identical concurring opinion in separate cases?

Notice what APJ Harlow wrote relating to IPR2017-01068 is word for word identical to what APJ Bisk wrote relating to IPR2017-01186. Indeed, the entirety of …
By Gene Quinn
21 days ago 8

Allegations of ex parte PTAB Communications raise more questions of due process, APA violations

Apple raised concerns of due process implications of ex parte communications and their impact on its trial. Apple’s motion demonstrates that PTAB does not publish ex …
By Steve Brachmann
25 days ago 12

ABA asks Federal Circuit to reverse panel’s decision awarding lawyer fees in patent appeal cases

The American Bar Association filed an amicus brief today with the United States Court of Appeals for the Federal Circuit, arguing that a provision of U.S. …
By Press Releases
27 days ago 2

TTAB denies Beyoncé requests in BLUE IVY CARTER Trademark Opposition Proceedings

In late December, Beyoncé’s trademark holding company lost out on a motion to amend the TTAB’s standard protective order to make certain information confidential under 37 …
By Steve Brachmann
27 days ago 0

Can the name of a fictional, intergalactic game evolve into a trademark protectable in the world of mere groundlings?

In its latest action in a multi-jurisdictional conflict with a mobile gaming producer, Lucasfilm Ltd. LLC and Lucasfilm Entertainment Company Ltd. LLC filed a complaint for trademark …
By Cliff Kuehn
27 days ago 7

USPTO to Remain Open in spite of Government Shutdown

Regardless of any government shutdown, the United States Patent and Trademark Office (USPTO) will continue normal operations. Unlike other agencies, the USPTO has access to fees collected …
By Gene Quinn
1 month ago 8

Vegas Golden Knights trademark challenged by U.S. Army at TTAB

The notice of opposition filed by the Army to challenge the “VEGAS GOLDEN KNIGHTS” mark cites multiple grounds for opposition including priority and likelihood of confusion, dilution …
By Steve Brachmann & Gene Quinn
1 month ago 0

Why is PTAB spending precious resources killing good patents?

Patents that have withstood scrutiny in Article III federal courts are not bad patents, they are good patents, and they ought not to be struck down by …
By Gene Quinn
1 month ago 28

Inventor Appeal to CAFC Challenges PTAB Authority to Invalidate Claims on Remand

D’Agostino’s appeal challenges PTAB authority to entertain invalidity on remand as no part of the IPR statute found in the America Invents Act (AIA) permits …
By Steve Brachmann
1 month ago 0