Posts Tagged: patent office


Federal Circuit says IPR time-bar determinations under § 315(b) are appealable

Today, the Federal Circuit reversed Achates, and ruled that time-bar determinations under § 315(b) are appealable. "We find no clear and convincing indication in the specific statutory language …
By Gene Quinn
5 months ago 7

An Interesting Year on the Horizon: What to Watch in 2018

The issues I will be watching in 2018 other than Oil States are as follows: (1) What does the new Director of the USPTO do with respect to reforming …
By Gene Quinn
6 months ago 0

Industry Insiders Make Patent Wishes for 2018

For my wishes, I’ll make four. First, as I did last year, I again continue to wish for patent eligibility reform in Congress that would overrule …
By Gene Quinn
6 months ago 5

The Year in Patents: The Top 10 Patent Stories from 2017

It is that time once again when we look back on the previous year in preparation to close the final chapter of 2017 in order move fresh into …
By Gene Quinn
6 months ago 14

PTAB: State Waives Eleventh Amendment Immunity by Filing Patent Infringement Lawsuit

An expanded panel of the PTAB, in a majority opinion authored by Chief Judge David Ruschke, agreed with the University of Minnesota that an IPR proceeding is …
By Gene Quinn
6 months ago 32

USPTO Director Nominee Andrei Iancu Unanimously Approved by Senate Judiciary Committee

Earlier today President Trump's nominee to become the new Under Secretary of Commerce for Intellectual Property and the Director of the United States Patent and Trademark Office …
By Gene Quinn
6 months ago 1

Patent Owners Faring Better in PTAB Proceedings

A new study of proceedings before the Patent Trial and Appeal Board (PTAB) shows that, despite the initial reputation of Inter Partes Review (IPR) proceedings being that …
By Gene Quinn
6 months ago 7

The PTAB lacks authority to decide the applicability of tribal sovereign immunity

Native American tribes possess and exercise inherent sovereign immunity. It is also undisputable that such power may be abrogated, limited or qualified only by the express and …
By Terry Fokas
6 months ago 32

Amicus Brief Advocating Against Tribal Sovereign Immunity Filed in PTAB Proceedings

The motion of the St. Regis Mohawk Tribe (“the Tribe”) is based on the misplaced theory that Tribal Sovereign Immunity is applicable to administrative proceedings before the …

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
7 months ago 5

The Patent Bargain and the Fiction of Administrative ‘Error Correction’ in Inter Partes Reviews

In justifying the constitutionality of the inter partes review (“IPR”) statute enacted by the America Invents Act (“AIA”), a common refrain persistently asserted is that patent rights …
By Ron Katznelson, Ph.D.
7 months ago 23

Predicting SAS Institute v. Matal after SCOTUS Oral Arguments

My thoughts continue to be that the statute is very simple and mandates the PTAB to issue a final written decision on all claims challenged. This seemed …
By Gene Quinn
7 months ago 0

PTAB Chief Ruschke says Expanded Panel Decisions are Conducted in Secret

Ruschke noted that his authority to expand the panels for PTAB trials doesn’t require him to notify the parties in the trial that the decision to …
By Steve Brachmann
7 months ago 5

Predicting Oil States after Supreme Court Oral Arguments

After oral arguments were held on Monday, November 27, 2017, I again asked a number of industry insiders what thoughts and predictions they now have after having the benefit …
By Gene Quinn
7 months ago 34

Open Letter from Conservatives: What’s at stake in Oil States v. Greene’s Energy Group

If wrongly decided, Oil States Energy Services v. Greene’s Energy Group may be the next Kelo v. City of New London decision. At bottom, the case …
By Dan Schneider & James Edwards
7 months ago 3