Posts Tagged: Oil States


Federal Circuit Hears Oral Arguments on St. Regis Appeal of Tribal Sovereign Immunity

On Monday, June 4th, the Court of Appeals for the Federal Circuit heard oral arguments in St. Regis Mohawk Tribe v. Mylan Pharmaceuticals, a case appealed from …
By Steve Brachmann
9 days ago 3

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 …

The State of the U.S. Patent System: From Oil States to Patent Eligibility

One week ago, the United States Supreme Court issued two decisions pertaining to inter partes review (IPR) challenges at the Patent Trial and Appeal Board (PTAB). Meanwhile, …
By Gene Quinn
2 months ago 0

The Supreme Court is wrong, a patent is not a franchise

The word franchise is defined as an authorization granted by a government or company to an individual or group enabling them to carry out specified commercial activities... …
By Gene Quinn
2 months ago 73

Reflections on Oil States: Are There Silver Linings Amidst the Doom and Gloom?

That being said, and following up on the feeling of “doom and gloom” many of us had upon initial issuance of the Oil States decision, there is …
By Eric Guttag
2 months ago 22

Why Patent Contingency Litigation is Declining?

Contingency representation is monetarily feasible for attorneys and law firms if and only if there is a high likelihood of success. Even in the best case scenario …

Letter to President Trump on China IP Probe is Latest Sign of Conservative Support for Private IP Rights

A group of 16 leaders from politically conservative institutions sent a letter addressed to President Donald Trump lauding the Trump Administration’s decision last summer to initiate an …
By Steve Brachmann
5 months ago 2

2017 Saw Fewest Patent Lawsuits Filed Since 2011

Q4 2017 saw a total of 981 patent infringement cases filed in district courts, the second-lowest total for any quarter in 2017 and the third-lowest total for any quarter dating …
By Steve Brachmann
5 months ago 8

Bloomberg Innovation Index is Latest Sign US Innovation Economy is in Dire Straits

For the first time since the inception of the Bloomberg Innovation Index, the U.S. ranked outside the top 10, ranking 11th out of the 50 economies. This latest …
By Steve Brachmann
5 months ago 10

PTAB Errors Fatal to Hundreds of Legitimate Patents

There have been 220 patents upheld as valid in real courts and also subject to a final written decision in the PTAB. The PTAB only agreed with the …
By Josh Malone & Steve Brachmann
6 months ago 40

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
6 months ago 8

Looking Forward: Predictions and Thoughts about 2018

First, I predict that the United States Supreme Court will find post grant procedures under the America Invents Act to be unconstitutional. It is my belief they …
By Gene Quinn
6 months ago 37

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
6 months ago 1

Misrepresentations in Service to Efficient Infringer Lobby

The world of intellectual property law has been abuzz in recent months leading up to oral arguments in front of the U.S. Supreme Court in Oil …
By Steve Brachmann
7 months ago 7

Manufacturing Firms and Organizations File Briefs in Oil States

Doubtless there are some manufacturing firms, such as Telebrands, who are great endorsers of inter partes review (IPR) proceedings at the Patent Trial and Appeal Board (PTAB) …
By Steve Brachmann
7 months ago 10