Posts in Patent Trial and Appeal Board


USPTO Issues Guidance on Effects of Supreme Court’s Decision in SAS Institute on PTAB Trials

On Thursday, April 26th, the U.S. Patent and Trademark Office issued new guidance regarding the effects of the U.S. Supreme Court’s judgment in SAS …
By Steve Brachmann
13 hours ago 0

Despite Oil States, Inter Partes Review May Still Be Held Unconstitutional

Oil States v Greene’s Energy, 584 U.S. ___ (2018), just decided that patents are a public right, a franchise right, akin to a right to erect a toll …

SCOTUS says Patents are a Government Franchise, Not a Vested Property Right

While there has been much optimism due to the arrival of USPTO Director Andrei Iancu and his recent speeches signaling he understands the U.S. patent system …
By Gene Quinn
3 days ago 39

USPTO Ignores FOIA Requests on PTAB and PTAB Judges

It is difficult to understand why the USPTO will not respond to simple, direct FOIA requests. If they do not want to produce there are procedures for …
By Gene Quinn
3 days ago 19

PTAB challenges are a costly, uphill battle for patent owners

Often, a PTAB proceeding is threatened by an accused infringer to successfully settle the dispute with the patent owner. Often, no PTAB petition is ever filed. When …
By Rob Sterne
5 days ago 27

Innovative Use of Patent Examiner Statistics Improves Efficiency and Strengthens Portfolios

We recently handled an application in which the examiner rejected the independent claims as obvious in view of six references from a variety of different fields. Submitting …
By Robert Jensen
8 days ago 1

Federal Circuit Allows USPTO to Defend Appeal from Inter Partes Reexamination

In Knowles Elecs. LLC v. Iancu, Knowles appealed the inter partes reexamination decision of the Board, which affirmed an examiner’s finding that certain claims were anticipated …

Claimed and prior art ranges must have meaningful difference for nonobviousness

Patent claims can recite a numerical range and a patent can be awarded based on the novelty and nonobviousness of the claimed range. Normally, compositions are claimed …
By James Yang
12 days ago 3

Issue Preclusion, PTAB, and the Split Federal Circuit: Knowles Electronics v. Cirrus Logic

Under the status quo, neither the patentee nor the public is able to rely on judicial determination of an issue that might later be taken to the …

Federal Circuit Reverses PTAB Invalidation of Wireless Network Patent in Apple Cases Involving APJ Clements

The Court of Appeals for the Federal Circuit recently issued a decision in DSS Technology Management v. Apple, which reversed an earlier decision by the Patent Trial …
By Gene Quinn & Steve Brachmann
16 days ago 3

Follow the Money: Is the U.S. patent system fostering investment and risk taking?

PTAB proceedings have radically changed the time to money for patent owners asserting U.S. patents against infringers. Additionally, the value of U.S. patents has dropped …
By Rob Sterne
22 days ago 6

Federal Circuit Issues Rule 36 Affirmance of PTAB After Acknowledging Lack of Technical Knowledge in Oral Arguments

On March 13th, the Court of Appeals for the Federal Circuit issued a decision in Cascades Projection v. Epson America, which upheld a ruling by the Patent …
By Steve Brachmann
24 days ago 4

Conclusory approach to obviousness by PTAB in IPR insufficient to render claims invalid

The Federal Circuit found that the Board failed to provide sufficient explanation for its obviousness finding, instead using a conclusory approach that asked whether the missing limitation …

The House IP Subcommittee: A Bunch of Fiddling Neros Watching the U.S. Patent System Burn

Interestingly, in the history of the entire CBM program, only three petitions have ended with final written decisions upholding all claims as valid. That’s 1 percent of …
By Gene Quinn & Steve Brachmann
29 days ago 7

Mohawk Tribe wins stay from Federal Circuit in sovereign immunity fight

The Federal Circuit issued an Order staying further proceedings at the PTAB relating to the RESTASIS patents now owned by the Saint Regis Mohawk Tribe. The stay …
By Gene Quinn
30 days ago 4