Posts Tagged: Leahy-Smith AIA


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
2 hours ago 0

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. …

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
1 month ago 24

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
1 month ago 2

Lofgren, Issa Denounce Proposed PTAB Claim Construction Changes in Oversight Hearing

found it disturbing that the Director Iancu would circumvent the prerogative of Congress with recently announced proposed PTAB claim construction changes, though she admitted the decision wasn’…
By Steve Brachmann
3 months ago 18

USPTO Issues Guidance on Effects of Supreme Court’s Decision in SAS Institute on PTAB Trials

On Thursday, April 26th, the U.S. Patent and Trademark Office issued new guidance regarding the effects of the U.S. Supreme Court’s judgment in SAS …
By Steve Brachmann
4 months ago 0

USPTO Director Andrei Iancu Discusses Patentability of Algorithms, PTAB Proceedings at Senate Judiciary Committee

Sen. Harris followed up by asking whether algorithms were mathematical representations of laws of nature. “You’re getting right to the heart of the issue,” Iancu said. …
By Steve Brachmann
4 months ago 19

The House IP Subcommittee: A Bunch of Fiddling Neros Watching the U.S. Patent System Burn

Interestingly, in the history of the entire CBM program, only three petitions have ended with final written decisions upholding all claims as valid. That’s 1 percent of …
By Gene Quinn & Steve Brachmann
5 months ago 7

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. …
By Steve Brachmann & Gene Quinn
6 months ago 9

Inventor Appeal to CAFC Challenges PTAB Authority to Invalidate Claims on Remand

D’Agostino’s appeal challenges PTAB authority to entertain invalidity on remand as no part of the IPR statute found in the America Invents Act (AIA) permits …
By Steve Brachmann
7 months ago 0

What is on the Horizon for Patent Owners in 2018?

One of the questions that gets asked this time of year, when the world is busy flipping the calendar from one year to the next, is “What …
By Steve Brachmann
8 months ago 8

Open Letter Exaggerates the Benefits of Recent Patent Reforms

HTIA’s letter argues that venture capital funding and startup activity have grown in recent years, further proof of their view that the federal government has properly …
By Steve Brachmann
8 months ago 3

The Top Trends in Patent Law for 2017

As we mark the close of yet another year, we’re provided with a perfect opportunity to look back on the previous twelve months and see what …
By Steve Brachmann
8 months ago 1

A Modest Patent Proposal

Just as Swift’s solution to the crises of his day was abhorrent, i.e., eating the children of the poor for nourishment, eating the issue of …
By Raymond Van Dyke
8 months ago 28

USPTO Recognizes Federal Circuit’s Aqua Products Decision, Issues Memo on Motions to Amend in IPRs

On November 21, 2017, the USPTO’s Chief Administrative Patent Judge David P. Ruschke issued a memorandum to the Patent Trial and Appeal Board (PTAB) providing guidance on motions …
By John M. Rogitz
9 months ago 5

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