Posts Tagged: aia


Do Recent Decisions Signal a Change in Patent Owner’s Rights to Defend and Amend Claims in Post-Grant Proceedings?

Ever since the introduction of AIA post-grant proceedings, many have questioned whether the procedural deck is stacked against patent owners.  Limits on making claim amendments, having to …
By David Thibodeau
15 days ago 7

A Modest Patent Proposal

Just as Swift’s solution to the crises of his day was abhorrent, i.e., eating the children of the poor for nourishment, eating the issue of …
By Raymond Van Dyke
2 months ago 28

Avoiding drug development clinical trials from being an invalidating public use

The legal principles set out above, while seemingly straight-forward enough, leave ample room for case-specific interpretation and application when it comes to the question of whether the …
By Theodore Chiacchio
3 months ago 4

Texas Representative Lamar Smith to Retire from Congress

Longtime Texas Representative Lamar Smith (R-TX), chairman of the House Committee on Science, Space, & Technology, will be retiring from his duties on Capitol Hill and will not …
By Steve Brachmann
4 months ago 2

Double jeopardy at the PTAB forces Allergan and others to seek sovereign immunity defenses

The PTAB subjects all patent owners to double jeopardy, but the situation is particularly bad for pharmaceutical companies which already have to face a Congressionally-mandated validity review …
By Steve Brachmann
4 months ago 0

Choosing Between Patents and Trade Secrets, A Discussion Worth Revisiting

Patenting and secrecy are the two major methods of protecting technology that supports competitive advantage. Trade secrets protect a wide range of confidential information, ranging from customer …
By James Pooley
4 months ago 5

PTAB, Patent Trolls, Bad Patents, and Data: A Wakeup Call to AIA Apologists

Of the 1,582 patents with a final written decision, 1,343 were found to have defects by the PTAB. That is an 85% defect rate. Only 239 patents were affirmed to be …
By Josh Malone & Steve Brachmann
4 months ago 21

Protest in Support of American Inventors at the US Supreme Court on November 27th During Oral Arguments in Oil States

U.S. Inventor, the nationwide inventor advocacy organization representing over 13,000 members, including, individual inventors, university research institutions, patent holders and intellectual property dependent start-up businesses, today announced …
By Press Releases
4 months ago 2

PTAB Invalidation Affected by Random Errors, Legal Uncertainties and Judicial Bias

The PTAB invalidation procedure violates due process because it drags patent owners into endless assaults by patent infringers and patent thieves. Due process requires compliance with standard …
By Jianqing Wu, Ph.D.
4 months ago 14

Acting PTO Director Joseph Matal Speaks to Independent Inventors

Mr. Matal opened his discussion stating his belief that independent inventors are the lifeblood of American innovation. He said that a patent is a property right and …

Federal Circuit decides Aqua Products, says patentability burden of amended claims on Petitioner

Sitting en banc the Federal Circuit issued a narrow ruling saying that the burden of persuasion must remain at all times on the petitioner, including with respect …
By Gene Quinn
5 months ago 9

Patent Review in an Article I Tribunal is Unconstitutional Under the Public Rights Doctrine

This experiment in patent validity review an executive agency by the Patent Trial and Appeal Board, an Article I tribunal in the PTO, has been unsuccessful...The …
By Neal Solomon
5 months ago 11

Confessions of a Frustrated Patent Attorney: The Telephone Call

I used to receive telephone calls, quite frequently, asking about the procedure for preparing and filing a patent application. Today, I no longer receive these calls. I …
By Meredith Addy
5 months ago 33

It’s Time to Stop PTAB Gamesmanship

The next several weeks will see much wringing of hands and gnashing of teeth about Allergan’s transaction with the Saint Regis Mohawk Tribe. Our point is …

A Revolutionary Approach to Obtaining Software Patents Without Appealing to the PTAB

Today’s environment demands an agile approach, one that involves substantial up-front planning, followed by continuously learning from both the client and the marketplace, using a strategy …