Posts Tagged: aia


Is being called a ‘patent troll’ defamatory? NH inventor files suit against banking industry to find out

In a New Hampshire State Superior Court, this so-called 'patent troll' has decided to fight back. Automated Transactions and Dave Barcelou have filed a defamation complaint against …
By Steve Brachmann
4 days ago 22

High patent quality standard adversely impacts all inventors

High novelty, high non-obviousness standard, inconvenient court venue for patent owners, and limited availability of injunction remedies, reduced damages, threaten liabilities will hurt all classes of inventors …
By Jianqing Wu, Ph.D.
4 days ago 7

High patent quality standards have caused U.S. to lose technological advantages

The U.S. inventor pool is now limited to corporate inventors and a very few resilient professional inventors. The number of professional inventors will rapidly decrease with …
By Jianqing Wu, Ph.D.
10 days ago 83

The Problem of Inter-Partes Review (IPR)

IPRs introduced an asymmetric component which particularly burdens the patent holder by requiring a very expensive ten-fold higher cost to defend the patent in the PTAB relative …
By Neal Solomon
11 days ago 21

How patent quality extremism and money-can-buy-fairness have ruined the U.S. patent system

Patent reformers argue that too many patents can hurt business, and low-quality patents cause problems. Their lobby activities have successfully persuaded the Congress to pass the AIA, …
By Jianqing Wu, Ph.D.
12 days ago 70

A Call for Enacting Urgent Patent Reform: A New Patent System for Securing U.S. Technological Leadership

The U.S. patent system is the primary contributor for the U.S. economy. Since the foundering of the nation, the patent system has fostered an innovation …
By Jianqing Wu, Ph.D.
27 days ago 33

$17 million: The real and staggering cost to patent in the US in the PTAB age

At least $17 million. That is what my Bunch O Balloons patent has cost so far. It could grow to $50 million. Yes, we are talking about water balloons, …
By Josh Malone
1 month ago 35

Issa seems to believe patents are an entitlement, not a property right

For the first 220 years of United States black letter law and precedent based directly on the U.S. Constitution, patents are property rights. Even the Republican Party …
By Paul Morinville
2 months ago 17

Patentability: The Novelty Requirement of 35 U.S.C. 102

Essentially, §102 requires the patent applicant to demonstrate that the invention is new. In essence, in order for a claimed invention to violate this "newness" requirement it must …
By Gene Quinn
2 months ago 4

AIA Did Not Alter Reviewability Bar of District Court Remand Decisions Under §1447(d)

The district court determined that it lacked subject matter jurisdiction because Preston’s state-law claims did not arise under federal law and Nagel’s patent counterclaims did …

SCOTUS to hear SAS Institute v. Lee, could impact estoppel effect of IPR proceedings

The nation’s highest court will once again address issues surrounding the controversial Patent Trial and Appeal Board (PTAB) of the United States Patent and Trademark Office (…
By Gene Quinn & Steve Brachmann
3 months ago 15

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 …

Wi-Fi One vs. Broadcom May Reshape PTAB Trial Proceedings

The relationship between PTAB proceedings and parallel district court litigation may be altered significantly. The arguments in Wi-Fi One vs. Broadcom this week may change a lot …
By Amanda G. Ciccatelli
4 months ago 4

CAFC Interprets AIA On-Sale Bar: Invention details need not be public for sale to be invalidating

Earlier today the United States Court of Appeals for the Federal Circuit issued a major decision interpreting provisions of the America Invents Act (AIA), specifically the AIA …
By Gene Quinn
4 months ago 6

The Senate Must Vet Vishal Amin

As Senior Counsel of the House Judiciary Committee, Vishal Amin was a primary architect of the Patent Trial and Appeal Board (PTAB), the administrative tribunal that has …
By Paul Morinville
4 months ago 19