Posts Tagged: aia


Supreme Court to Determine if Federal Government Is a ‘Person’ Eligible to Petition the PTAB

The case will ask the highest court in the nation to determine whether the federal government is a person who may petition the Patent Trial and Appeal …
By Steve Brachmann
1 month ago 1

The USPTO Must End Repeated and Concerted Patent Attacks

Why is it that innovators such as Universities and independent inventors are caricatured as patent trolls while entities such as Unified Patents and RPX, who exist for …
By Gene Quinn
1 month ago 28

PTAB Seeks Comments on Proposed Changes to Motion to Amend Practice in AIA Trials

The United States Patent and Trademark Office (USPTO) has published a Request for Comments (RFC) about a proposed procedure for motions to amend filed in inter partes …
By U.S.P.T.O.
2 months ago 0

Supreme Court asked to apply Multiple Proceeding rule to end harassing validity challenges

The Multiple Proceedings rule has become the essence of uncertainty. What exactly does it mean? §325(d) gives the PTO Director the authority to refuse a petition when “…
By Gene Quinn
2 months ago 4

Webinar: Patent Prosecution Strategies for the Realities of AIA

Join Gene Quinn on Thursday, September 27, 2018, for a free webinar discussion on the important topic of streamlining the patent prosecution process and stretching a patent budget efficiently. …
By Gene Quinn
2 months ago 0

Patent Office Updates the Trial Practice Guide

The Patent Office has begun a planned series of updates to the Practice Guide, with the first such update having been released in August 2018. The August 2018 Practice …

The Updated PTAB Trial Practice Guide – Not Quite There Yet

While the changes to the Trial Practice Guide begin to move the rules in the right direction, more is needed before post-grant proceedings will be accepted as …
By Russell Slifer
4 months ago 2

Aqua Products: Is It Helping Patent Owners Swim Better Nine Months Later?

At the time, many thought this change in law would significantly assist patentees in avoiding full-blown cancellation of their claims. However, our review suggests a case-by-case analysis …
By Chris Bruno & Arun Mohan
4 months ago 1

Legislative Steps in the Pro-patent Direction

New patent legislation would rectify some of the damage done by several court rulings and by Congress.  It would reestablish the fundamental constitutional principle that a U.…
By James Edwards
5 months ago 22

The Supreme Court, the Federal Circuit, and the Patent Office Walk Out of an Appellate Review Bar: Changing Standards For Appellate Review of IPR Institution Decisions

This article reviews recent Federal Circuit and Supreme Court decisions addressing the scope of appellate review of institution of inter partes review (IPR) by the Patent Trial …

Supreme Court to hear Helsinn v. Teva, decide AIA Secret Sales

On Monday, June 25, 2018, the United States Supreme Court granted cert. in Helsinn Healthcare S.A., v. Teva Pharmaceuticals USA, Inc. The single question presented by Helsinn in …
By Gene Quinn
6 months ago 15

Rethinking Article III Standing in IPR Appeals at the Federal Circuit

In 2011, as part of the American Invents Act (“AIA”), Congress significantly restructured the way in which previously issued patents could be challenged.   In some cases, existing post-issuance …

Surviving Alice: Counseling the Client

In accordance with the above discussion, particularly point (a), the client should be apprised of the necessity of fully fleshing out the inventive aspects of the technical …

SCOTUS says Patents are a Government Franchise, Not a Vested Property Right

While there has been much optimism due to the arrival of USPTO Director Andrei Iancu and his recent speeches signaling he understands the U.S. patent system …
By Gene Quinn
8 months ago 59

Supreme Court Issues Much Anticipated Oil States and SAS Decisions

Earlier today, the US Supreme Court issued it's highly anticipated 7 to 2 decision in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC which upheld the …

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