Posts in Patent Trial and Appeal Board


Time to patent invalidity decisions on Rocket Docket calls value of PTAB into question

If the Eastern District of Virginia can dispatch patent cases in less time than the PTAB, why should we suffer the indignity of the lack of due …
By Gene Quinn & Steve Brachmann
15 hours ago 6

Microsoft files IPR against Philips patent asserted against Taiwanese consumer electronics firms

Dutch tech conglomerate Koninklijke Philips NV is the owner of U.S. Patent No. 6,522,695. The Philips patent is challenged by Microsoft on behalf of several other tech …
By Steve Brachmann
2 days ago 3

Google, HTC, ZTE, Huawei gang up on small navigation software developer with IPR filing

Patent system savvy corporations are ganging up on a smaller developer within the nascent automotive software industry who had the temerity to assert a patent covering a …
By Steve Brachmann
2 days ago 22

Federal Circuit affirms PTAB decision to invalidate MPHJ patent

The Federal Circuit upheld the decision of the Patent Trial and Appeal Board (“Board”), on Inter Partes Review, to invalidate as anticipated or obvious all claims of …

CRISPR patent interference ended by USPTO because parties’ claims do not interfere

The PTAB concluded: "Based on our determination that the preponderance of the evidence shows there is no interference-in-fact between the parties’ claims, we need not decide the …
By Gene Quinn
5 days ago 3

Other Barks & Bites for Wednesday, February 15th, 2017

On the menu this week for Other Barks & Bites... Video game systems developed by Nintendo and Sony are targeted in a patent infringement suit filed in Delaware …
By Steve Brachmann
7 days ago 2

Other Barks & Bites for Wednesday, February 8th, 2017

Kylie Minogue reports victory in a trademark opposition filed against Kylie Jenner, but the electronic records of the U.S. Patent and Trademark Office are cause for …
By Steve Brachmann
14 days ago 1

Patent owners do not like IPRs despite what Bloomberg Law, AIPLA study says

According to Bloomberg and AIPLA, the survey suggests that complaints from patent owners and other stakeholders in the U.S. patent system surrounding high patent invalidation rates …

The Federal Circuit Affirms District Court’s Grant of Preliminary Injunction

Practitioners dealing with a magistrate judge’s report and recommendation should be sure to preserve objections for appeal, since failing to object may lead to a more …

Michelle Lee’s views on patent quality out of touch with reality facing patent applicants

In the piece, Lee tries her best to assure readers that positive developments have been made at the USPTO in recent years, but at multiple points she …

PTAB refuses to institute harassing IPR challenges against Finjan

Recently the Patent Trial and Appeal Board (Board) at the United States Patent and Trademark Office (USPTO) denied institution in two separate inter partes review (IPR) challenges. …
By Gene Quinn
20 days ago 11

Other Barks & Bites for Wednesday, February 1st, 2017

This week, a patent battle between two American tech giants expands its scope to China, patents covering a well-known multiple sclerosis treatment were invalidated in U.S. …
By Steve Brachmann
21 days ago 1

Alice on Dulany Street: How the PTAB handles 101 in ex parte appeals

In many of the decisions, the examiners and appellants had an opportunity to make arguments based on Alice before the PTAB reached a decision. Yet, the outlook …
By Eli Mazour & James Bennin
22 days ago 3

Validity of bottle cap patent upheld in IPR thanks to market success in Peru

The patent owner made a successful argument regarding secondary considerations, specifically relating to the success of the bottle cap in the country of Peru, which led in …
By Steve Brachmann
29 days ago 0

CAFC finds graphical user interface patent claims eligible, CBM decision still pending

The Federal Circuit has found claims to a graphical user interface (GUI) patent to be patent eligible. See Trading Technologies International, Inc. v. CQG, Inc. The decision …
By Gene Quinn
1 month ago 18