Posts Tagged: "Gene Dolgoff"

Federal Circuit Issues Rule 36 Affirmance of PTAB After Acknowledging Lack of Technical Knowledge in Oral Arguments

On March 13th, the Court of Appeals for the Federal Circuit issued a decision in Cascades Projection v. Epson America, which upheld a ruling by the Patent Trial and Appeal Board (PTAB) to invalidate the asserted claims in a patent covering a system of projecting images using a liquid crystal display (LCD). During oral arguments, one judge of the Federal Circuit opined that it may not have enough testimony in order to decide the case correctly. To save themselves any discussion, the Federal Circuit panel of Circuit Judges Jimmie Reyna, Evan Wallach and Todd Hughes issued a Rule 36 affirmance of the PTAB’s decision, upholding the PTAB without discussing any reason as to why.

Steve Brachmann

April 3, 2018

The Impact of Bad Patents on American Businesses

What is a bad patent? Congress has established the requirements for obtaining a patent. The patent office grants a patent to applicants when they meet those requirements. It is simple. No trolls involved. If there are bad patents, then either the law is bad, or the patent office is not following the law when they grant the patents. Is the patent office issuing patents that do not meet the requirements set forth by Congress in the Patent Act? Or is the Patent Act too generous in setting forth the conditions for granting a patent?

Josh Malone

November 6, 2017

Patent owners negatively impacted by PTAB file amicus brief with SCOTUS in support of Oil States

A few dozen amici briefs have been filed in the case, including one filed on August 30th by 39 patent owners affected by PTAB activities in support of the petitioner Oil States. These patent owners have either already or are currently faced PTAB validity trials challenging their patents through inter partes review (IPR) or other post grant review (PGR) proceedings. The amici argue that the affected patent owners are in a unique position to provide perspective to the Supreme Court on the question of extinguishing patent rights through a non-Article III forum.

Steve Brachmann

September 13, 2017