Posts in USPTO


The USPTO harms the economy with over-aggressive, haphazard Alice-based 101 rejections

It is poor patent policy to have broad areas of technology deemed patent-ineligible entirely, or ineligible without the high cost of attorney time to argue, and likely …
By Louis Hoffman 16 hours ago 1

First Apple patent challenged at PTAB covers touch-to-zoom tech at center of Samsung war

In late January, however, an inter partes review (IPR) request filed with the Patent Trial and Appeal Board (PTAB) throws the future of one of the Apple …
By Steve Brachmann 5 days ago 12

Is the IPR tide about to turn at the Patent Trial and Appeal Board?

Recently the United States Supreme Court added an important IPR case to its docket. Normally the Supreme Court does not take a Federal Circuit appeal to compliment …
By Gene Quinn 8 days ago 20

An Exclusive Interview with USPTO Director Michelle Lee

There were no topics ruled out of bounds for this 30 minute interview, not even the Supreme Court's recent decision to accept cert. in Cuozzo, although as an …
By Gene Quinn 11 days ago 4

USPTO Seeks General Attorney at the Alexandria, VA Headquarters

The U.S. Patent and Trademark Office (USPTO) seeks General Attorney for the Office of General Law (OGL). OGL attorneys represent the USPTO in administrative litigation proceedings …

Printed Matter Doctrine Implicates Matter That Is Claimed for What it Communicates

The Court held that printed matter must be claimed for what it communicates, and it is only afforded patentable weight if the claimed informational content has a …

SCOTUS asked to consider constitutional challenge to post grant patent proceedings

The question presented in the petition for certiorari in Cooper v. Lee is whether 35 U.S.C. §318(b) violates Article III of the United States Constitution, to …
By Robert P. Greenspoon 18 days ago 14

Will Cruz act to protect property rights, Constitution at Supreme Court?

The Patent Act itself clearly and unambiguously states that patents are property. See 35 U.S.C. 261. Unfortunately, this property right of Constitutional significance has increasingly come under …
By Gene Quinn 20 days ago 29

Finjan wins big patent victory as USPTO denies institution on 6 Symantec IPR petitions

That Finjan would prevail in six separate IPR institution decisions relating to the same patent litigation seems an extraordinary long shot. While Finjan has not said it …
By Gene Quinn 21 days ago 15

Supreme Court accepts Cuozzo Speed Technologies IPR appeal

On Friday the United States Supreme Court added several cases to its docket for this term. One of those cases is Cuozzo Speed Technologies v. Lee, a …
By Gene Quinn 23 days ago 15

Federal Circuit says same PTAB panel can decide both IPR institution and merits

The Federal Circuit, in an opinion by Judge Dyk who was joined by Judge Taranto, first held that 35 U.S.C. § 314(d) did not preclude the Court …
By Gene Quinn 24 days ago 5

Timely filed supplemental information does not need to be considered by PTAB in IPR

The PTAB refused entry of the supplemental information because Redline did nothing to justify submitting it after filing the initial IPR petition and even after the institution …
By Gene Quinn 1 month ago 0