Posts in America Invents Act


The PTAB Killing Fields: VirnetX patents worth more than $1 billion in district court lost at PTAB

So obviously the patent claims VirnetX has used to pursue infringers such as Apple and Microsoft are not the weak patents that opponents of the patent system …

Lex Machina PTAB report highlights top petitioners, patent owners and law firms appearing in cases

Some of the reports most interesting findings involve which entities are most active at the PTAB as well as the law firms representing parties most frequently during …
By Steve Brachmann
6 days ago 0

Where is the Federal Circuit on Aqua Products?

More than six months have passed since the en banc rehearing in Aqua Products without a decision from the Federal Circuit. It could be an indication that …

AIA Did Not Alter Reviewability Bar of District Court Remand Decisions Under §1447(d)

The district court determined that it lacked subject matter jurisdiction because Preston’s state-law claims did not arise under federal law and Nagel’s patent counterclaims did …

Meet Joe Matal: A profile of USPTO interim director Joseph Matal

Inside the beltway Matal is a well known entity, having served as a Staffer in the Senate and responsible for ushering the America Invents Act (AIA) through …

How patent troll rhetoric has wrecked the U.S. patent system

The pressure to adhere to the patent troll rhetoric was difficult for people to grasp if they don’t live within Silicon Valley, Causevic noted. He noted …
By Steve Brachmann
25 days ago 24

SCOTUS to hear SAS Institute v. Lee, could impact estoppel effect of IPR proceedings

The nation’s highest court will once again address issues surrounding the controversial Patent Trial and Appeal Board (PTAB) of the United States Patent and Trademark Office (…

PTAB chief judge Ruschke discusses ex parte appeals, PGR reform and more with PPAC

Ruschke's claim that only PTAB judges familiar with the technology involved are assigned in ex parte appeals seems false based on what we know has happened in …
By Steve Brachmann & Gene Quinn
2 months ago 17

Federal Circuit Clarifies On-Sale Bar Under America Invents Act

In Helsinn Healthcare S.A. v. Teva Pharms. USA, Inc., the Federal Circuit reversed the district court and held that Helsinn’s pre-AIA patent claims, “were subject …

Wi-Fi One vs. Broadcom May Reshape PTAB Trial Proceedings

The relationship between PTAB proceedings and parallel district court litigation may be altered significantly. The arguments in Wi-Fi One vs. Broadcom this week may change a lot …
By Amanda G. Ciccatelli
2 months ago 4

CAFC Interprets AIA On-Sale Bar: Invention details need not be public for sale to be invalidating

Earlier today the United States Court of Appeals for the Federal Circuit issued a major decision interpreting provisions of the America Invents Act (AIA), specifically the AIA …
By Gene Quinn
2 months ago 5

Lex Machina reports that Q1 2017 saw fewest patent infringement cases since Q3 2011

One of the key findings is that only 938 patent infringement actions were filed in district courts during the recent quarter, a total which is the lowest for …
By Steve Brachmann
2 months ago 4

Are conflicts of interest at the PTAB leading to preferential decisions for Apple?

The lead APJ serving on the panel of multiple CBM reviews petitioned by Apple, who also wrote the final written decision on at least one CBM review …
By Steve Brachmann
2 months ago 42

The Senate Must Vet Vishal Amin

As Senior Counsel of the House Judiciary Committee, Vishal Amin was a primary architect of the Patent Trial and Appeal Board (PTAB), the administrative tribunal that has …
By Paul Morinville
2 months ago 19

Studying IPRs Not Enough, PTAB must be Repaired, Replaced or Repealed by Congress

Inter Partes Review (IPR) is viewed by many as late-stage destruction of fully developed early-stage investor ROI in patented property. The Lee study will presumably weigh the …
By Chris Gallagher
2 months ago 23