Posts in Patent Trial and Appeal Board


Crocs loses inter partes reexam, will appeal rejection of design patent for ornamental footwear

Boulder, CO-based shoe manufacturer Crocs, Inc. (NASDAQ:CROX) had a design patent rejected by the U.S. Patent and Trademark Office. The patent struck by the USPTO …
By Gene Quinn & Steve Brachmann
3 hours ago 1

Federal Circuit upholds PTAB invalidation of podcasting patent despite district court infringement finding

On Monday, August 7th, a judicial panel of the U.S. Court of Appeals for the Federal Circuit entered a decision in Personal Audio, LLC v. Electronic …
By Steve Brachmann
4 days ago 8

US Inventor sets patents on fire as part of PTAB protest at USPTO

Despite going on with the protest after the USPTO denied a use permit application for the event, a source from the event reports that all planned aspects …

Where parties dispute proper scope of claims, Board must provide an explicit claim construction

The Board declined to provide a construction of “settling speed” and determined that the claims were not invalid as anticipated. Homeland appealed... When parties dispute the proper …

Board’s analysis internally inconsistent, Federal Circuit vacates inter partes reexam

At the Federal Circuit, Honeywell argued that the Board erred in (1) finding a motivation to combine the references with a reasonable expectation of success, (2) rejecting Honeywell’s …

USPTO denies permit to US Inventor for PTAB protest

US Inventor had planned on staging an event at which the organization would stage a peaceful protest of the Patent Trial and Appeal Board (PTAB). However, a …

PPAC meeting comes and goes with no discussion of PTAB conflicts of interest

At the May PPAC meeting Ruschke deferred questions on issues relating to possible conflicts of interest and specifically indicated the topic of conflicts would be discussed at …
By Gene Quinn
8 days ago 5

Solutions for Inter Partes Review: Restoring patent rights and respect for the presumption of validity

In order to begin restoring patent rights and respect for the presumption of validity changes must be made to constrain the PTO post grant procedures... Patent holders …
By Neal Solomon
8 days ago 5

Federal Circuit invalidates another patent upheld at PTAB after IPR

The Federal Circuit issued a decision in Homeland Housewares, LLC v. Whirlpool Corporation, which ought to be completely unnerving to every owner of a U.S. patent …

The Problem of Inter-Partes Review (IPR)

IPRs introduced an asymmetric component which particularly burdens the patent holder by requiring a very expensive ten-fold higher cost to defend the patent in the PTAB relative …
By Neal Solomon
10 days ago 21

China streamlines patent examination for Internet, big data patent applications

On July 28th, 2017, China’s State Intellectual Property Office (SIPO) announced a new set of regulations which are intended to streamline the examination of patent applications in …
By Steve Brachmann
17 days ago 17

Judge Michel tells Congress it isn’t helpful to talk about quality, patents are either valid or invalid

“I think at the end of the day, patents are either valid or invalid as a legal instrument and therefore it’s not very helpful to talk …
By Steve Brachmann
17 days ago 6

Why are these people giving testimony to Congress on patent reform?

Why does Mapbox’s viewpoint on patent litigation echo in the halls of Congress given the fact that it doesn’t appear that it has faced abusive …
By Steve Brachmann
19 days ago 15

Lex Machina’s Q2 litigation update shows trends influenced by TC Heartland and Oil States

During the second quarter of 2017, a total of 1,138 patent cases were filed at the U.S. district court level, an increase of 18 percent when compared to first …
By Steve Brachmann
22 days ago 2

A quiet title is an absolute prerequisite to enjoyment of an exclusive right

A quiet title seems an absolute prerequisite to the enjoyment of an exclusive right guaranteed by the Constitution. Unfortunately, a quiet title in a patent today simply …
By Gene Quinn
23 days ago 37