Posts Archive


After Cuozzo, Congress Must Take Back the Ball

While the Supreme Court spoke clearly and unanimously on the issue in Cuozzo, this hardly means the standard to be applied to claim construction in IPRs has …
By Jonathan Tropp
1 month ago 8

Message from the USPTO: It’s Patent Prosecution, not Persecution

Examiners are not supposed to think about the nebulous areas of 101, 102, or 103, nor are they to interpret case law from judicial opinions. Instead, the USPTO has already …
By Raina Haque
1 month ago 80

Prosecution reopened: Examiners stop applicants from appealing

Due to a bizarre jurisdictional “feature,” the Board does not actually get jurisdiction over a case until either a Reply Brief has been filed or the time …
By Gene Quinn
1 month ago 26

Airbnb lawsuit against San Francisco responds to increased regulations as room-sharing competitors enter market

The San Francisco-based online lodging rental company Airbnb is proving to be very disruptive to the hotel industry.... Despite the growing regulatory dustup concerning Airbnb, the short-term …
By Steve Brachmann
1 month ago 0

Administrative Purgatory: Waiting 14 months and counting for action after Board reverses examiner

Delay, frustrate, harass and ignore patent applicants. Issue frivolous rejections if necessary, but reject at all costs. If the Board issues a complete reversal just reopen prosecution. …
By Gene Quinn
1 month ago 16

China is waging an Information War by investing in scientific research and stealing foreign IP

In recent years, the Chinese government has promoted a roadmap towards “indigenous innovation” which would see the country become a technological superpower by the year 2050. This would …
By Steve Brachmann
1 month ago 1

Are patent examiners instructed to issue frivolous rejections?

So an applicant waits years on appeal to get relief from frivolous rejections, achieves a complete and total victory, and their reward is another bogus rejection from …
By Gene Quinn
1 month ago 43

Available Remedies under the DTSA

The DTSA amends the Economic Espionage Act of 1996 (“EEA”) to provide for civil remedies in federal courts for the misappropriation of trade secrets. The new Section 1836(b) …
By Peter J. Toren
1 month ago 0

Immersion Corp v. HTC Corp: CAFC affirms filing continuation on day parent issues

In large part, the CAFC was concerned with the possible disruption of overturning long-standing PTO practice and the reliance placed on it by practitioners, and this respect …
By John M. Rogitz
1 month ago 0

The Impotence of the Patent Trial and Appeal Board

What is happening in TC 3600 is prosecution is being re-opened for the purpose of issuing Alice rejections. With the help of readers, so far I’ve found …
By Gene Quinn
1 month ago 77

Pittsburgh startup files patent suit over educational toys against UK firm with Zuckerberg ties

Primo’s response of the ‘427 patent is evidence of a dismissive attitude towards someone else’s intellectual property right. Again not shocking, but what is interesting is …
By Steve Brachmann
1 month ago 0

Getting a patent is not the end goal for a startup, it’s just the beginning

RUSS KRAJEC: Getting a patent is not the end goal. Using an issued patent is not the end goal. It’s the beginning for the startup. Think …
By Gene Quinn
1 month ago 1

Thor’s purchase of Jayco is big merger in recreational vehicle sector during summer camping season

The market for recreational vehicles in America has been doing pretty well in recent years. A 2011 study sponsored by the Recreational Vehicle Industry Association (RVIA) pegs the …
By Steve Brachmann
1 month ago 0

Biologics Applicant Must Give Post-Approval Notice to Reference Product Sponsor

The Federal Circuit held that there was no statutory language that made section (8)(A) non-mandatory. Further, Amgen v. Sandoz disposed of Apotex’s argument that (8)(A) would …

No On-Sale Bar From Manufacturing Agreement Without An Actual Sale of the Invention

The Federal Circuit, sitting en banc, unanimously reversed the prior panel, holding that MedCo was not barred from seeking its patents due to a commercial sale under § 102(…