Posts Tagged: patent office


PTAB, Patent Trolls, Bad Patents, and Data: A Wakeup Call to AIA Apologists

Of the 1,582 patents with a final written decision, 1,343 were found to have defects by the PTAB. That is an 85% defect rate. Only 239 patents were affirmed to be …
By Josh Malone & Steve Brachmann
2 months ago 21

IPRs unduly harm patent holders and benefit big tech infringers

The PTO systematically administers a collection of procedures in IPRs to unduly harm patent holders and benefit big tech company infringers. The data show that the plain …
By Neal Solomon
2 months ago 22

McCormick and the Separation of Powers Constraints of Patent Invalidation

The argument that patents are private rights is supported by over two centuries of jurisprudence. Patent rights derive from Article I, section 8, clause 8 of the U.S. …
By Neal Solomon
2 months ago 6

Eli Lilly patent covering Alimta lung cancer treatment upheld in final written decision from PTAB

On Thursday, October 5th, a final written decision issued by the Patent Trial and Appeal Board (PTAB) upheld a series of 22 claims from a patent owned by …
By Steve Brachmann
2 months ago 0

Native Americans Set to Save the Patent System

Native American tribal sovereign immunity thwarts both of these dilatory infringer tactics and repositions the negotiation to where it needs to be – outside of the courthouse. The …
By Paul Morinville
2 months ago 71

Senator McCaskill introduces bill to abrogate Native American Sovereign Immunity

Senator McCaskill (D-MO) has introduced a bill to abrogate the sovereign immunity of Indian tribes as a defense in inter partes review (IPR) proceedings at the United …
By Gene Quinn
2 months ago 34

Industry Reaction to the Federal Circuit’s Decision in Aqua Products v. Matal

First-take reaction to Aqua Products v. Matal from a distinguished panel of experts. Todd Dickinson: "I don’t think that I’ve ever seen such a collection …
By Gene Quinn
2 months ago 21

Patent Review in an Article I Tribunal is Unconstitutional Under the Public Rights Doctrine

This experiment in patent validity review an executive agency by the Patent Trial and Appeal Board, an Article I tribunal in the PTO, has been unsuccessful...The …
By Neal Solomon
2 months ago 11

House Republicans Propose USPTO as an Independent Agency

This afternoon the House Budget Committee released a non-binding budget blueprint titled Building a Better America: A Plan for Fiscal Responsibility. As a part of this proposed …
By Gene Quinn
3 months ago 32

It’s Time to Stop PTAB Gamesmanship

The next several weeks will see much wringing of hands and gnashing of teeth about Allergan’s transaction with the Saint Regis Mohawk Tribe. Our point is …

Oil States: Examining Scenarios, Outline Effects on Portfolio Management Strategy

The Supreme Court has agreed to hear a petition for Certiorari in Oil States Energy Services v. Greene’s Energy Group, which will result in the Court …
By Art Monk
3 months ago 15

Federal Circuit reverses Board on erroneous application of the broadest reasonable interpretation

The Federal Circuit concluded that the Board's construction of the term 'body' was unreasonably broad even given proper usage of the broadest reasonable interpretation claim standard... This …
By Gene Quinn
3 months ago 8

A Summary of the Constitutional Issues Raised by the Respondent in Oil States

The respondent immediately takes issue with the argument that patents are not public rights, summarily citing MCM Portfolio LLC v. Hewlett-Packard Co., 812 F.3d 1284 (Fed. Cir. 2015), cert. …
By John M. Rogitz
3 months ago 4

What I Want and Why: An Open Letter to the Next PTO Director

Inasmuch as the new Director can change, or do whatever they want once in the job, and will be subject to political winds, I thought I’d …
By John White
3 months ago 9

Indian Tribe files Motion to Dismiss RESTASIS Patent Challenge based on Sovereign Immunity

Earlier today the Saint Regis Mohawk Tribe filed a Motion to Dismiss in six separate inter partes review (IPR) proceedings relating to the Allergan drug RESTASIS®. The …
By Gene Quinn
3 months ago 23