Posts Tagged: America Invents Act


Smartflash Petitions Supreme Court to Challenge PTAB under Appointments Clause

In early August, patent owner Smartflash filed a petition for a writ of certiorari with the U.S. Supreme Court to appeal a case stemming from covered …
By Steve Brachmann
4 days ago 7

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
25 days ago 2

Analyzing Amicus Briefs Filed in Support of Granting Cert. in Helsinn

On June 25th, the the U.S. Supreme Court agreed to hear Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA Inc., on appeal from the Federal Circuit. …
By Steve Brachmann
25 days ago 1

Supreme Court Petition Challenges PTAB’s Constitutionality Under the Takings Clause

Advanced Audio’s petition for writ of certiorari notes, all five patents were filed with the U.S. Patent and Trademark Office prior to the enactment of …
By Steve Brachmann
1 month ago 22

NYIPLA Endorses Patent Office Change to Phillips Claim Construction Standard

The proposed rule would adopt the narrower standard articulated by the Federal Circuit in Phillips v. AWH Corp., where the “words of a claim are generally given …

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
2 months ago 1

More Dreck on Patent Trolls from Attorneys Cozying Up to Silicon Valley

Principe and Rudroff unfortunately regurgitate much of the misguided dialogue, which has done nothing to serve this country except to decimate its patent system in recent years. …
By Steve Brachmann & Gene Quinn
2 months ago 15

NYIPLA Files Amicus Brief Advocating for the Supreme Court to Clarify Article III Standing in Appeal from IPR Proceedings

On Friday, July 20, 2018, the New York Intellectual Property Association (“NYIPLA”) filed an amicus brief arguing that the Petition for Writ of Certiorari should be granted in RPX …

Legislation Introduced in House to Repeal the PTAB and the AIA

There are 13 sections to Massie’s bill, many of which are geared towards the abolition of various statutes of the AIA. Perhaps the most salient portion of …
By Steve Brachmann
2 months ago 24

Bittersweet Milestone: Ten Million Patents Issued in the US, but What Are They Worth?

Last month, the U.S. Patent Office issued patent number 10,000,000. This historic occasion calls for rethinking our patent system and the future of American innovation... It is …
By Alex Poltorak
2 months ago 9

House Small Business Committee Holds Hearing on IP in Digital Economy With a Mostly Anti-Patent Panel

On the morning of Wednesday, July 11th, the House Small Business Committee held a hearing titled Innovation Nation: How Small Businesses in the Digital Technology Industry Use …
By Steve Brachmann
2 months ago 2

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
2 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
3 months ago 15

Federal Circuit Hears Oral Arguments on St. Regis Appeal of Tribal Sovereign Immunity

On Monday, June 4th, the Court of Appeals for the Federal Circuit heard oral arguments in St. Regis Mohawk Tribe v. Mylan Pharmaceuticals, a case appealed from …
By Steve Brachmann
3 months ago 3

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