Posts in America Invents Act


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
22 hours ago 4

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
6 days 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Studying IPRs Not Enough, PTAB must be Repaired, Replaced or Repealed by Congress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
10 days ago 23

How to improve IPRs without tossing the baby out with the bath water

It is clear that the current regulations are almost exclusively focused § 316(b)’s “the ability of the Office to timely complete proceedings” and not the other language …
By Russell Slifer
18 days ago 61

Taking stock of the health of the American patent system, a system in crisis

“In our time together today we are going to try and take stock of the health of the American patent system,” Michel began. “It is important to …
By Gene Quinn
1 month ago 31

How tech’s ruling class stifles innovation with efficient infringement

Efficient infringement causes distress and agony for innovators struggling to survive,, and widespread efficient infringement absolutely stifles innovation... Innovators today patent their technologies in the hopes of …
By Steve Brachmann
1 month ago 96

AIA has not significantly altered patent litigation totals according to recent Lex Machina report

The fact that 36.7 percent of all patent cases filed in E.D. Tex. seems to be an exceptionally high degree of concentration in case filings, but the …
By Steve Brachmann
2 months ago 19

USPTO diverts funds to Commerce Department as user fee increases are prepared

In a shocking revelation, Frank Murphy, Acting Chief Financial Officer, explained that the USPTO has been and will continue to make payments to the Department of Commerce …
By Gene Quinn
2 months ago 29

Patent Drafting Tip: A comma affects meaning of items in list

The issue was whether the comma in the phrase ", otherwise available to the public" meant that the phrase also modifies the phrase "on sale." If the phrase ", …
By James Yang
2 months ago 4

Federal Circuit reverses PTAB, says CBM patents must be financial in nature according to the claims

The CBM determination includes patents that are “financial in nature” according to the claims; not patents that are “complementary” or “incidental” to financial activity according to the …

In precedential decision, Federal Circuit further clarifies what constitutes a covered business method patent for CBM review

When applying that definition to the present case, the majority opinion rejected as too limiting Secure Axcess’s proposal that CBM review should be limited to “products …
By John M. Rogitz
2 months ago 1

Can Congress Bar Review of PTAB Decisions to Institute Inter Partes Review?

Wi-Fi One stands among the latest—and potentially the most important—in a series of cases that have called into question both the degree to which Congress …

What Inventors Need to Fix the Patent System

While we have damaged our patent system, China has strengthened theirs. Job creation is stagnant, economic growth is anemic and the America Dream is dying. Congress must …

Does Patented Intellectual Property Still Matter? Yes, Depending on Who You Are

If Bill Hewlett and David Packard were just starting in their garage, they might be wise not to waste money acquiring them... An individual inventor, or SME, …

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 …
By Gene Quinn & Steve Brachmann
3 months ago 31