Posts Archive


I Dissent: The Federal Circuit’s ‘Great Dissenter,’ Her Influence on the Patent Dialogue, and Why It Matters

Today, Judge Newman is the Federal Circuit’s most prolific dissenter, and her dissents are important. Former Chief Judge Paul Michel noted that “Judge Newman may hold …
By Professor Daryl Lim
14 days ago 11

Tesla battery patents further proof of Elon Musk’s duplicitous views on patents

Like so many other critics of the patent system, Musk seems to despise all patents except for his own. Of course, Musk never said he avoids patents …
By Steve Brachmann
14 days ago 22

Patents as property rights: What will it take to restore sanity to the narrative surrounding US patents?

Former Cisco CTO, Charles Henery Giancarlo, explained that it was understood that individuals would not be able to manufacture and would need to license their rights to …

Lex Machina’s online tools can help patent owners spot conflicts of interest at PTAB

Any patent owner facing validity challenges at PTAB who wants to do their own research into any potential conflicts of interest involving their panel of APJs should …
By Steve Brachmann
15 days ago 0

Feeling Conflicted: Australian Patent Attorney Firms Under Scrutiny

As previously reported on this blog, in the last two years several large Australian patent attorney firms (having a combined market share of close to 70% in Australia) …

America’s Patent System: Mediocre and stabilized in a terrible space

“The results from the Patent Trial and Appeal Board reflect the procedures it applies, and in my judgment the procedures are wildly off base,” Judge Michel explained... “…
By Gene Quinn
16 days ago 37

Review of USPTO should start at the top, not with examiners

In an article published on April 23, 2017, Gene Quinn wrote about President Trump’s workforce reduction plan and his proposal for what it should mean for the United …
By Sue D. Nym
16 days ago 7

§ 112 Rejections: Where They Are Found and How Applicants Handle Them

In this article, we will explore both § 112(a) and § 112(b) rejections by taking a look at where they are most common, how applicants respond to them, and …
By James Cosgrove
16 days ago 0

Lex Machina ANDA litigation report shows recent decline in case filings and top parties in filings

Lex Machina recently released a Hatch-Waxman/ANDA litigation report detailing trends and key findings from pharmaceutical cases filed in U.S. district courts between January 1st, 2009, and …
By Steve Brachmann
17 days ago 0

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 …

Federal Circuit: Adding one abstract idea to another abstract idea does not make the claim non-abstract

In RecogniCorp, LLC v. Nintendo Co., the Federal Circuit affirmed the district court’s decision that RecogniCorp’s patent claims are directed to an abstract idea, and …

David Leichtman Departs Big Law to Open Boutique Business and IP Trial Law Firm

David Leichtman, Esq. has announced the launch of his new law firm Leichtman Law PLLC, a New York-based boutique focusing on trial work on business and intellectual …
By Press Releases
17 days ago 0

More conflicts of interest surface with second PTAB judge

The blindfold appearing in the common depiction of Lady Justice is there for a reason. According to Wikipedia, Lady Justice has been depicted with a blindfold since …

No evidence of lost sales or price erosion means no irreparable harm and no permanent injunction

Nichia Corporation (“Nichia”) sued Everlight Americas, Inc., Everlight Electronics Co., Ltd. and Zenaro Lighting (collectively, “Everlight”) for infringement of three of Nichia’s patents disclosing packaging designs …

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 …