Posts Archive


More Applicants Should Use the First Action Interview Program

The First Action interview (FAI) program affords applicants a no-fee opportunity to speak with examiners early during prosecution, before the examiner has invested the time to prepare …

President Obama nominates Karen Gren Scholer to Eastern District of Texas

Karen Gren Scholer has been nominated to serve on the United States District Court for the Eastern District of Texas. If confirmed, Scholer, who was born in …
By Gene Quinn 1 month ago 6

What is the point of examination if patents are not presumed valid?

If you get a patent that won’t make anyone any money, including yourself, the government seems perfectly willing to presume that your worthless patent is valid. …
By Gene Quinn 1 month ago 74

In re TC Heartland: Asking the Federal Circuit to ‘Fix’ Patent Venue Law

Twenty-five years ago, the Federal Circuit decided a case that transformed where (and how) patent infringement cases can be litigated.[1] By expanding the scope of where a …
By Samantha Kuhn 1 month ago 1

How the AIA requires the USPTO to be a patent system arms dealer

Not only does the Patent Office handsomely charge for the acquisition and maintenance of a patent, they also handsomely charges for the right to challenge those patents …
By Gene Quinn 1 month ago 35

Bulletproof TransData patents get trial date in GE patent infringement dispute

What makes this particularly noteworthy, however, is the fact that in the nearly six years since the lawsuits were originally filed, these TransData patents have collectively prevailed …
By Gene Quinn & Steve Brachmann 1 month ago 1

High Value Patents: Does family size matter when looking for better patents?

Intuitively, family size and diversity of international filings should be good indicators of value. We hypothesized that like independent claim count, the investment to produce a larger …

Putting the pieces together on how to cure Alzheimer’s

The most common form of dementia is Alzheimer’s disease, a progressive disorder of the human brain which over time reduces a person’s cognitive abilities to …
By Steve Brachmann 1 month ago 1

How patent laws are harming children and America’s innovative future

The Young Inventor’s Showcase is nothing short of an amazing academic program in 56 Houston area grade schools. The program teaches grade school kids the entire innovation …
By Paul Morinville 1 month ago 17

The Rise of Emoji

Millions of people, from talk show hosts to world leaders, have engaged in a dialog about and with emoji and what it means to communication. Emoji are …

Appending Conventional Steps to Abstract Idea an Insufficient Inventive Concept

The Court held that dealing “physical playing cards” did not constitute patent eligible territory. This constituted a “purely conventional” activity, like the conventional computer implementation that fell …

There is no place for blatant forum shopping in patent litigation

Larger companies like Adobe can defend themselves in court, even in Texas, but upstarts and mom-and-pop small businesses do not have the time or resources to defend …
By Dana Rao 1 month ago 14

Michael Zweiback Rejoins Alston & Bird, Expanding Privacy, Data Security Capabilities

Alston & Bird recently announced that former federal prosecutor Michael Zweiback has rejoined the firm as partner in its Privacy & Data Security Practice and Government & Internal Investigations Group, …
By Press Releases 1 month ago 0

Patent litigation venue reform tips scales of justice against innovators

Despite being grossly unfair to small inventors, the courts are routinely transferring cases to a venue containing the headquarters of the infringing multinational corporation, as happened in …
By Paul Morinville 1 month ago 25

Finding the Best Patents – Forward Citation Analysis Still Wins

We found that forward citations (later patents that cite the subject patent) were the most significant factor in identifying patents that were likely to be purchased. In …