Posts Tagged: constitution


Why is PTAB spending precious resources killing good patents?

Patents that have withstood scrutiny in Article III federal courts are not bad patents, they are good patents, and they ought not to be struck down by …
By Gene Quinn
3 days ago 26

Patent Killing Fields of the PTAB: Erasing Federal District Court Verdicts on Patent Validity

Supporters of the Patent Trial and Appeal Board (PTAB) continue to claim that the facts and figures showing the PTAB is overruling Article III federal district court …

Conservative Thinking on the Critical Issues in Oil States

The Oil States v. Greene’s Energy Group case heard by the U.S. Supreme Court Nov. 27, 2017, has generated much ink, analysis and opinion. Rightly so, given …
By James Edwards
15 days ago 2

The Year in Patents: The Top 10 Patent Stories from 2017

It is that time once again when we look back on the previous year in preparation to close the final chapter of 2017 in order move fresh into …
By Gene Quinn
23 days ago 13

Prohibition of Immoral or Scandalous Trademarks Held Unconstitutional

In re Brunetti, the Federal Circuit reversed a Patent Trial and Appeal Board (“Board”) decision affirming a refusal to register the mark “FUCT” because it comprised immoral …

Ban on ‘Immoral” and ‘Scandalous’ Trademarks Ruled Unconstitutional

After Tam was decided without expressly finding Section 2(a) unconstitutional in its entirety, the Federal Circuit requested additional briefing on the impact of Tam to Brunetti. The …
By Michael Bernet
30 days ago 0

PTAB: State Waives Eleventh Amendment Immunity by Filing Patent Infringement Lawsuit

An expanded panel of the PTAB, in a majority opinion authored by Chief Judge David Ruschke, agreed with the University of Minnesota that an IPR proceeding is …
By Gene Quinn
1 month ago 32

Predicting Oil States after Supreme Court Oral Arguments

After oral arguments were held on Monday, November 27, 2017, I again asked a number of industry insiders what thoughts and predictions they now have after having the benefit …
By Gene Quinn
2 months ago 34

Open Letter from Conservatives: What’s at stake in Oil States v. Greene’s Energy Group

If wrongly decided, Oil States Energy Services v. Greene’s Energy Group may be the next Kelo v. City of New London decision. At bottom, the case …
By Dan Schneider & James Edwards
2 months ago 3

Supreme Court seems split on Oil States constitutionality challenge to IPR proceedings

Justice Gorsuch seems the most likely, based on his questions, to support the petitioner's position that there is a constitutional infirmity surrounding IPR proceedings. Chief Justice Roberts …
By Gene Quinn
2 months ago 26

The Constitutional Underpinnings of Patent Law

The United States Constitution grants to the Congress the power to grant patents. The relevant portion of the Constitution is Article I, Section 8, clause 8. This clause uses …
By Gene Quinn
2 months ago 19

Predicting Oil States in Advance of SCOTUS Oral Arguments

The United States Supreme Court will hear oral arguments in Oil States v. Greene's Energy Group on Monday, November 27, 2017. This case will give the Supreme Court its …
By Gene Quinn
2 months ago 43

AIA and PTAB Unconstitutional Under the Public Rights Doctrine

Only Article III courts can provide a fair, neutral and unbiased forum for assessment of patent validity. For over two hundred years, patent validity, patent infringement and …
By Neal Solomon
3 months ago 24

IPRs unduly harm patent holders and benefit big tech infringers

The PTO systematically administers a collection of procedures in IPRs to unduly harm patent holders and benefit big tech company infringers. The data show that the plain …
By Neal Solomon
3 months ago 22

Patent Trial and Appeal Board Procedures for IPR Fail to Satisfy the Fifth Amendment

Due process is an essential condition for a fair proceeding involving a matter in which property rights are in dispute. Unfortunately, there is no interpretation of PTAB …
By Neal Solomon
3 months ago 18