Posts Tagged: appeals

Federal Circuit recognizes its role as only an appellate court in Apple v. Samsung

This decision reestablishes what should always have been the case; namely that the Federal Circuit is an appellate court that does not consider evidence outside the record …
By Gene Quinn
16 days ago 13

Rule 36 Judgment: The growing problem of one word affrimance by the Federal Circuit

In PCT International, Inc. v. Holland Electronics, LLC, the use of a Rule 36 judgment is particularly disconcerting because the Federal Circuit upheld the issuance of a permanent …
By Gene Quinn
2 months ago 6

Steps the PTO must take to address low quality patent examination

While any system should always aspire to provide better quality, the patent system included, patent quality is a two way street that requires the Office to look …
By Gene Quinn
3 months ago 14

Ex Parte Appeals in the Post-Alice World

Amongst the appeals involving patent-eligibility rejections, the most recently filed appeal brief was filed in November 2015. Thus, all of the appeal briefs and most of the PTAB …
By Kate Gaudry & Samuel Hayim
3 months ago 17

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
3 months ago 79

Ex Parte Appeal as a Potential Means to Quick Allowances

We set out to study the life cycle of appeals by conducting a stage-by-stage analysis to identify what fraction of applications were exiting the appeal cycle and …
By Kate Gaudry & Sameer Vadera
7 months ago 6

10 Years Later – A Look at the Efficacy of the Pre-Appeal Brief Conference Program

For 61% of the non-defective requests, the panel decided that there was an actual issue for appeal, such that the applicant would either need to file an Appeal …

Is that Next RCE Really Going to Work?

Knowing when to give up on a patent application is one of the most critical questions facing for any patent applicant… When faced with the decision regarding …
By Gene Quinn
2 years ago 5

An Overview of the U.S. Patent Process

The first time you will substantively hear from the examiner is when the examiner issues what is referred to as a First Office Action on the Merits (…
By Gene Quinn
3 years ago 2

New Patent Fees: USPTO Exercises Fee Setting Authority

The final rules on patent fees will publish in the Federal Register on Friday, January 18, 2013. Fees are going up for most, but not as much as feared. …
By Gene Quinn
4 years ago 5

Patent Bar Blues: New Rules, Old MPEP Make for Difficult Study

The unfortunate thing is that all of these individuals were getting this question incorrect and anyone who relied on this information moving forward would get the question …
By Gene Quinn
4 years ago 0

PTAB Chief Smith and Vice-Chief Moore, Part III

Vice-Chief Judge Moore: "The statute requires that each of the judges have scientific ability.  It doesn’t actually require particularized training in any one individual specific area.  …
By Gene Quinn
4 years ago 3

Mechanics of a Supreme Court Decision to Grant Certiorari

There are two stages of litigation in the Supreme Court.  There’s what’s called the petition stage and the merit stage.  This is a phenomenon that …
By Gene Quinn
4 years ago 1

Why is the Supreme Court Interested in Patent Cases?

The other thing I think that’s at play here, and maybe it’s the principal reason is a point that I made earlier which is our …
By Gene Quinn
4 years ago 1

Seth Waxman Discusses Advocacy in the Supreme Court

Waxman on the advantage of not being a “Patent Specialist”: Perhaps paradoxically, it seems to me, the advantage in litigation with respect to esoteric areas of the …
By Gene Quinn
4 years ago 4