Posts Tagged: patent office


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
5 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
5 months ago 3

PTAB Chief Judge Ruschke Must be Beyond Reproach

I was dismayed recently when I received my invitation from Unified Patents to their conference where the keynote speaker was David Ruschke, Chief Judge for the Patent …
By Aaric Eisenstein
5 months ago 9

Director Andrei Iancu’s Act One

Andrei Iancu is leaving an extremely lucrative position as Managing Partner at Irell to make his mark upon the patent system as Director for a salary that …
By Robert Stoll
5 months ago 13

Cognitive Dissonance: How the PTAB Reported Appeal Statistics Ruins the Data for Everyone

The PTO reports a case as affirmed if all claims are rejected for at least one issue on appeal and reversed if all claims are reversed for …
By Adam Stephenson
5 months ago 2

PTAB invalidates targeted advertising patents, preserving billions in Google ad revenue

It is no secret that the fortunes of Mountain View, CA-based tech conglomerate Alphabet Inc. are largely based upon the advertising revenues accrued through its subsidiary Google …
By Steve Brachmann & Gene Quinn
5 months ago 12

The Impact of Bad Patents on American Businesses

What is a bad patent? Congress has established the requirements for obtaining a patent. The patent office grants a patent to applicants when they meet those requirements. …
By Josh Malone
6 months ago 10

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
6 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
6 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
6 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
6 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
6 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
7 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
7 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
7 months ago 11