Posts Tagged: Leahy-Smith AIA


Issa seems to believe patents are an entitlement, not a property right

For the first 220 years of United States black letter law and precedent based directly on the U.S. Constitution, patents are property rights. Even the Republican Party …
By Paul Morinville
16 hours ago 15

Patentability: The Novelty Requirement of 35 U.S.C. 102

Essentially, §102 requires the patent applicant to demonstrate that the invention is new. In essence, in order for a claimed invention to violate this "newness" requirement it must …
By Gene Quinn
19 days ago 4

AIA Did Not Alter Reviewability Bar of District Court Remand Decisions Under §1447(d)

The district court determined that it lacked subject matter jurisdiction because Preston’s state-law claims did not arise under federal law and Nagel’s patent counterclaims did …

SCOTUS to hear SAS Institute v. Lee, could impact estoppel effect of IPR proceedings

The nation’s highest court will once again address issues surrounding the controversial Patent Trial and Appeal Board (PTAB) of the United States Patent and Trademark Office (…

Federal Circuit Clarifies On-Sale Bar Under America Invents Act

In Helsinn Healthcare S.A. v. Teva Pharms. USA, Inc., the Federal Circuit reversed the district court and held that Helsinn’s pre-AIA patent claims, “were subject …

CAFC Interprets AIA On-Sale Bar: Invention details need not be public for sale to be invalidating

Earlier today the United States Court of Appeals for the Federal Circuit issued a major decision interpreting provisions of the America Invents Act (AIA), specifically the AIA …
By Gene Quinn
2 months ago 5

The Senate Must Vet Vishal Amin

As Senior Counsel of the House Judiciary Committee, Vishal Amin was a primary architect of the Patent Trial and Appeal Board (PTAB), the administrative tribunal that has …
By Paul Morinville
2 months ago 19

IP and the 115th Congress: Meet the Republicans of the House IP Subcommittee

The House Judiciary Committee will set the agenda for any intellectual property legislative reforms that will arise over the next two years during the 115th Congress, and …
By Gene Quinn
5 months ago 3

Conservative Ideology Will Rebuild the Patent System

Congress sent H.R. 5, the House-passed Regulatory Accountability Separation of Powers Restoration Act, to the Senate's Homeland Security & Governmental Affairs Committee on January 12, 2017. When enacted it will …
By Robert P. Greenspoon
5 months ago 18

The Disintegration of the American Patent System

The American patent system represents a delicate balance. On the one hand, the patent system provides an incentive to invest in risky technical problem solving by giving …
By Neal Solomon
5 months ago 59

The Bottom Line on Trump’s PTO: Michelle Lee Must Go

One thing you learn early on in the Conservative Movement is the maxim, Personnel Is Policy. For a new administration pledged to turn the ship of state …
By James Edwards
5 months ago 17

The America Invents Act was Wrong from the Start

First to File was just the beginning of the damage caused by the America Invents Act. When the concept of the Patent Trial and Appeal Board (PTAB) …
By Adrian Pelkus
6 months ago 16

Stepping Back from the Cliff: The Year Congress Didn’t Cave to the Anti-Patent Lobby

For a many years, the pied pipers of the anti-patent lobby whistled the patent troll melody and Congress, desperately in need of a glorious bipartisan victory, pushed …
By Paul Morinville & Gene Quinn
6 months ago 17

Dictators, Property Rights and the PTAB: Why the AIA Must be Repealed

Now that Trump has won, the discussion has narrowed to whether Trump will keep patents weak or make patents great again. From the outside perspective, it is …
By Paul Morinville
7 months ago 61

Federal Circuit slams PTAB for wrong definition of CBM patent in Unwired Planet v. Google

The PTAB used the wrong standard to institute the CBM proceeding in the first place, which lead the Federal Circuit to vacate the PTAB decision and remand …
By Gene Quinn
7 months ago 17