Posts Tagged: covered business method review


PTAB Grants Additional Briefing to Consider the Impact of USPTO’s Revised 101 Guidance

The PTAB not only assented to Mirror Imaging’s suggestion that a five-page brief be entered in advance of the hearing but added that parties may submit …
By Gene Quinn & Steve Brachmann
1 month ago 8

Alleged Due Process, APA Violations by PTAB Rule 36ed by Federal Circuit

Federal Circuit issued a Rule 36 summary judgment in Chart Trading Development, LLC v. Interactive Brokers LLC, affirming the invalidation of patent claims owned by Chart Trading in …
By Gene Quinn & Steve Brachmann
2 months ago 15

Nasdaq ISE Files Motion to Disqualify Fish & Richardson at PTAB Over Prior Representation

Nasdaq ISE’s motion to disqualify Fish & Richardson was made pursuant to 37 CFR 11.109, which prevents a practitioner from representing a party adverse to a former client in …
By Steve Brachmann
2 months ago 0

Supreme Court to Determine if Federal Government Is a ‘Person’ Eligible to Petition the PTAB

The case will ask the highest court in the nation to determine whether the federal government is a person who may petition the Patent Trial and Appeal …
By Steve Brachmann
4 months ago 1

Harmonizing the PTAB: Iancu calls change to Phillips ‘critically important’

"It seems self-evident that the same patent contested in different tribunals should have its meaning – its boundaries – determined using the same standard," Director Iancu said when discussing …
By Gene Quinn & Steve Brachmann
4 months ago 4

Patent Office Updates the Trial Practice Guide

The Patent Office has begun a planned series of updates to the Practice Guide, with the first such update having been released in August 2018. The August 2018 Practice …

Capitol Hill Roundup

This week in Capitol Hill hearings, it will be a relatively light week all around, and particularly so for those who focus on intellectual property, technology and …
By Steve Brachmann
5 months ago 0

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
5 months ago 8

PPAC Fee Hearing Discusses Proposed Increases to Late Payments, AIA Trial Fees

Lisa Jorgenson, executive director of the American Intellectual Property Law Association (AIPLA), asked the agency to better justify the increased surcharge for late maintenance fee payments as …
By Steve Brachmann
5 months ago 5

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
7 months ago 15

Federal Circuit Vacates PTAB’s Determination of CBM Patent After Appeal by Apple and Google

On Wednesday, July 11th, the Court of Appeals for the Federal Circuit issued a decision in Apple v. ContentGuard Holdings vacating a decision by the Patent Trial …
By Steve Brachmann
7 months ago 2

Rethinking Article III Standing in IPR Appeals at the Federal Circuit

In 2011, as part of the American Invents Act (“AIA”), Congress significantly restructured the way in which previously issued patents could be challenged.   In some cases, existing post-issuance …

Class Action Lawsuit Filed Against U.S. Government Alleging PTAB Violates Takings Clause and Due Process

On Wednesday, May 9th, Oklahoma-based patent owner Christy Inc. filed a class action complaint in the U.S. Court of Federal Claims against the United States seeking …
By Steve Brachmann
9 months ago 44

PTAB Chief Judge defends APJs as having extensive legal experience

The USPTO has provided us with a comment from Chief Judge David Ruschke, who defends APJs of the PTAB as having extensive legal and technical experience. The …
By Gene Quinn
12 months ago 93

PTAB Chief Attempts to Explain Expanded Panel Decisions, Sovereign Immunity at PPAC

Given the PTAB's ability to make decisions precedential, Ruschke's argument about how important and meaningful it is to have expanded panels to ensure uniformity misses the mark. …