Posts in Legislation


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
2 days ago 0

PTAB Errors Fatal to Hundreds of Legitimate Patents

There have been 220 patents upheld as valid in real courts and also subject to a final written decision in the PTAB. The PTAB only agreed with the …

Open Letter Exaggerates the Benefits of Recent Patent Reforms

HTIA’s letter argues that venture capital funding and startup activity have grown in recent years, further proof of their view that the federal government has properly …
By Steve Brachmann
13 days ago 3

AUTM Licensing Survey: Ominous trend likely attributable to eroding patent rights

Concerns about the ability of academic institutions to keep contributing to the U.S. innovation economy go well beyond federal funding stagnation according to the recent AUTM …
By Steve Brachmann
14 days ago 0

Will the Supreme Court continue to be influenced by patent reform?

Invariably, the Supreme Court takes a provision or two from pending legislation and makes it law. Will they do the same now that pro-patent reform is actually …

Got IP? Get out. For investors thinking of selling, acting in the next few days is critical.

As of the date of this publication, the US House of Representatives and the Senate have passed the "Tax Cuts and Jobs Act" as reconciled by the …

5 ways companies can stay in compliance with DMCA

Understanding the Digital Millennium Copyright Act (DMCA) has become increasingly important for companies that want to protect their digital content. The DMCA was created primarily as a …
By Heather Smith-Carra
27 days ago 0

Making Sense of the Nonsensical: A look at Scent Trademarks and their Complexities

Hasbro’s recent application to trademark the scent of Play-Doh is an example of how companies in the digital age market their products and protect their market …
By Franco Galbo
28 days ago 1

Manufacturing Firms and Organizations File Briefs in Oil States

Doubtless there are some manufacturing firms, such as Telebrands, who are great endorsers of inter partes review (IPR) proceedings at the Patent Trial and Appeal Board (PTAB) …
By Steve Brachmann
1 month ago 10

The Art of Reverse Engineering

Recently a client asked me for advice on setting up a “reverse engineering” project. He no longer had access to any trade secrets of his former employer; …
By James Pooley
1 month ago 23

USPTO Director Nominee Andrei Iancu has Confirmation Hearing Before the Senate Judiciary Committee

On the afternoon of Wednesday, November 29th, the U.S. Senate Committee on the Judiciary held a hearing to consider the nomination of four political appointees from …
By Steve Brachmann
2 months ago 10

The Patent Bargain and the Fiction of Administrative ‘Error Correction’ in Inter Partes Reviews

In justifying the constitutionality of the inter partes review (“IPR”) statute enacted by the America Invents Act (“AIA”), a common refrain persistently asserted is that patent rights …
By Ron Katznelson, Ph.D.
2 months ago 23

Another IP Professor Attack On Patenting

I was just thinking how often someone teaching intellectual property law leads the attack on the patent system when "Racing for academic glory and patents: Lessons from …
By Joseph Allen
2 months ago 21

Tech’s Ruling Class Files Amici Briefs with U.S. Supreme Court in Oil States Case

October 30th was a very busy day for amici filing briefs with the U.S. Supreme Court on how the highest court in the nation should decide …
By Steve Brachmann
2 months ago 7

Solicitor General Tells SCOTUS that Patents are Public Rights in Oil States Brief

The government’s brief argues that IPR proceedings at the PTAB are consistent with Article III because, in its view, patents are public rights and not private …
By Steve Brachmann
2 months ago 0