Posts in USPTO


Practitioner Strategies for Living in a Post-Cuozzo World

It seems difficult to reconcile the Respondent’s principal argument that two standards should still apply: that is, that the PTAB should be permitted to continue applying …
By Bradley Olson 12 hours ago 2

Predicting Cuozzo After Supreme Court Oral Arguments

On Monday, April 25, 2016, the United States Supreme Court heard oral arguments in Cuozzo Speed Technologies v. Lee, the first case in which the Supreme Court will decide …
By Gene Quinn 14 hours ago 14

‘Science’ publishes biased patent trolling article, regurgitating Harvard patent hatred

Pre-litigation review of cases to weed out instances of patent trolling sounds like a great idea, but what more weeding out do the authors want? Since the …

Qualcomm with 700+ US patents in first quarter, invents airplane Internet and mobile device systems

Qualcomm, Inc. (NASDAQ:QCOM) of San Diego, CA, is a multinational semiconductor firm that designs and markets wireless telecommunications products. Despite weak global demand for new smartphone …
By Steve Brachmann 6 days ago 2

Improving efficiency of the examination process for patents worldwide

The IP5 is the name given to a forum of the five largest intellectual property offices in the world that was set-up to improve the efficiency of …
By Steven Gong 6 days ago 2

Amid Cultural Debate on Political Correctness, Trademarks with Racial Overtones Look Set for Supreme Court

Two cases making their way through the Federal courts may force the Supreme Court to consider the issue of what sorts of trademarks should be considered “disparaging,” …

Executable mathematics renders inventions physical! Welcome to the digital age

The use of a mathematical formula in a claim can trigger a 35 USC 101 rejection or invalidation of the patented claim. However, the role of mathematics in physics …
By Peter Lablans 8 days ago 63

IP litigation report shows downward trends in patent, file sharing copyright and IPR cases

One aspect of the recent Lex Machina report that should jump out to anyone who has closely followed the patent litigation sector over the past few years …
By Steve Brachmann 9 days ago 1

Supreme Court hears oral arguments in Cuozzo Speed Technologies v. Lee

Perhaps the best question of the entire oral argument was asked by Chief Justice Roberts: “So why ­­should we be so wedded to the way they do …
By Gene Quinn 9 days ago 29

Predicting Cuozzo in Advance of SCOTUS Oral Arguments

While I would never go into business handicapping the outcome of SCOTUS deliberations, I do have an opinion about what they should do in this case, at …
By Gene Quinn 11 days ago 4

Cuozzo at the Supreme Court – Determining the Future Value of Inter Partes Reviews at the Patent Office

If the Supreme Court’s recent track record in patent cases is a guide to the potential outcome in this case, it seems quite likely that the …
By Bart Eppenauer 11 days ago 2

USPTO to Host Patent Quality Community Symposium

The U.S. Department of Commerce’s United States Patent and Trademark Office (USPTO) will host a Patent Quality Community Symposium on Wednesday, April 27, 2016 at USPTO’s …
By U.S.P.T.O. 12 days ago 0

After Alice: Is New Legislation Needed? Before Alice: Was there a Precedent?

the Courts have found it difficult to use the Mayo two-part test in the examination of a patent’s validity thus creating great uncertainty... One should not …
By Martin Goetz 14 days ago 7

New PTAB Rules Level the Playing Field for Patent Owners in IPR

After much public comment and debate, new changes to rules for post-grant administrative trials before the Patent Trial and Appeal Board (PTAB) go into effect on May 2, 2016. …
By Ben Pleune & Pamela Councill 16 days ago 8

Federal Circuit reverses PTAB claim construction in IPR appeal

Pride Mobility appealed, and noted that the Board construed claim 7 as requiring a "substantially planar" mounting plate "oriented perpendicular" to the axis of the wheelchair's drive wheel, …