Posts Tagged: Leahy-Smith AIA


Supreme Court Hears Helsinn v. Teva: Does On-Sale Bar Capture Secret Sales

On the morning of Tuesday, December 4th, the U.S. Supreme Court held oral arguments in the case of Helsinn Healthcare S.A. v. Teva Pharmaceutical USA (…
By Steve Brachmann
1 day ago 2

Serial and Duplicative Petitions at PTAB by Apple, Other Tech Giants Flout Congressional Intent

The Alliance of U.S. Startups and Inventors for Jobs (USIJ) recently released a report detailing the organization’s research into serial attacks on high quality patents …
By Steve Brachmann
1 month ago 5

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
1 month ago 1

The USPTO Must End Repeated and Concerted Patent Attacks

Why is it that innovators such as Universities and independent inventors are caricatured as patent trolls while entities such as Unified Patents and RPX, who exist for …
By Gene Quinn
1 month ago 28

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
1 month ago 4

Supreme Court asked to apply Multiple Proceeding rule to end harassing validity challenges

The Multiple Proceedings rule has become the essence of uncertainty. What exactly does it mean? §325(d) gives the PTO Director the authority to refuse a petition when “…
By Gene Quinn
2 months ago 4

PTAB Upholds Kamatani Cloud Patent Challenged by Unified Patents

Last week the Patent Trial and Appeal Board (PTAB) entered a final written decision terminating an inter partes review (IPR) proceeding that had challenged a patent owned …
By Gene Quinn & Steve Brachmann
2 months ago 1

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
3 months ago 8

Analyzing Amicus Briefs Filed in Support of Granting Cert. in Helsinn

On June 25th, the the U.S. Supreme Court agreed to hear Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA Inc., on appeal from the Federal Circuit. …
By Steve Brachmann
4 months ago 1

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
4 months ago 22

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
5 months ago 15

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
5 months 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
5 months 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
7 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
8 months ago 0

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