Posts in Patents


Federal Circuit Remands PTAB Decision to Uphold Patent Claims Challenged By Nintendo

While the recent decision did uphold the PTAB’s finding of validity of some claims, the Federal Circuit reversed and remanded part of the decision in a …
By Steve Brachmann
6 days ago 0

Patent Reform Advocate, Congressman Darrell Issa, Will Not Seek Re-election

Earlier today Congressman Darrell Issa (R-CA), announced that he will not seek re-election in 2018 and will retire from Congress. Issa, who currently Chairs the House’s Judiciary …

St. Regis Tribe requests oral hearing, seeks discovery on political pressure at PTAB

The St. Regis tribe is seeking discovery on due process concerns posed by the potential of political or third-party pressure asserted to “reach an outcome inconsistent with …

Analyzing obviousness and anticipation challenges to claims directed to an isolated component of a prior art mixture

Based on the governing Federal Circuit case law, where the patent claim at issue is directed to a specific component (such as a specific enantiomer) of a …
By Theodore Chiacchio
7 days ago 1

Rest in Peace Friend: Remembering Gerald Holtzman

Earlier today I received notification from Personalized Media Communications, LLC (PMC) that its long-time president and chief licensing strategist, Gerald Holtzman, passed away on January 8 after a …
By Gene Quinn
8 days ago 5

Billions of Dollars at Risk: How to Manage Patent Licensing Across Entire Industries. A Case Study

When managing many of cross-licensing negotiations it can be hard to prioritize your activities. In a recent case, the client experienced this very thing and felt they …

Embrace IP That Works: Importance of Supplementary Protection Certificates (SPCs) in the European Union

The European Union suffers from an investment deficit relative to other industrialized nations. A recent report by the European Commission emphasizes this impact, “the EU needs to …

With 9,043 U.S. Patents, IBM Tops for 25th Consecutive Year

IBM inventors received a record number of U.S. patents in 2017, again blowing past their own previous record to sail past 9,000 issued patents. Over the last 25 years …
By Gene Quinn
9 days ago 5

PTAB Facts: An ugly picture of a tribunal run amok

69% of cases reaching a final decision by the PTAB have all claims invalidated. 82.5% of patents reviewed by PTAB in a final decision are found defective... As the …

Federal Circuit says IPR time-bar determinations under § 315(b) are appealable

Today, the Federal Circuit reversed Achates, and ruled that time-bar determinations under § 315(b) are appealable. "We find no clear and convincing indication in the specific statutory language …
By Gene Quinn
9 days ago 6

58 Patents Upheld in District Court Invalidated by PTAB on Same Grounds

When going through the list of patents that have been deemed valid in district court and then invalidated through PTAB proceedings, there are 58 cases where the patent …

When Post-Filing Evidence to Determine Written Description Support Is Admissible: Amgen v. Sanofi

May a court rely on post-priority-date evidence offered to show that a patent lacks written description support even though written description is judged based on the state …

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 …

Patent-Ineligibility of Medical Diagnostics, Life Sciences Discoveries Arrests U.S. Progress

In a research project funded by the Austrian Science Fund (FWF), evidence emerged that a higher expression of the GIRK1 protein in malignant tissue samples was linked …
By Steve Brachmann
10 days ago 3

What is on the Horizon for Patent Owners in 2018?

One of the questions that gets asked this time of year, when the world is busy flipping the calendar from one year to the next, is “What …
By Steve Brachmann
11 days ago 8