Posts Tagged: patent office


Caltech’s infringement lawsuit against Apple, Broadcom is latest in university patent suit trend

According to multiple reports, the Caltech patents-in-suit are incorporated into both the 802.11n and 802.11ac wireless connectivity standards, which are used by Apple products to communicate digital …
By Gene Quinn & Steve Brachmann
6 months ago 43

Termination of an OED Disciplinary Proceeding: How A SOL Defense May Be Properly Construed

The Hearing Order concluded that the parties raised sufficient issues of material fact to warrant the ready-to-go Hearing to determine when respondent’s alleged misconduct was actually “…
By Steve Lipman
6 months ago 2

NYIPLA Urges SCOTUS to Clarify Constitutionality of PTAB Proceedings in MCM Portfolio LLC v. Hewlett-Packard Co.

This case presents an important constitutional question which the court below decided based on an incomplete analysis of the Supreme Court’s jurisprudence. In the case below, …

USPTO Provides Updates to Patent Subject Matter Eligibility Guidance

On its face, the new guidance seems to urge examiners to develop well-reasoned, substantive rejections rather than conclusory rejections which provide little basis for applicants to advance …

Avoiding Alice Rejections with Predictive Analytics

The disparity between the art units is confused even more so when we consider the total number of Alice rejections in each art unit, rather than just …
By Sarah Garber
6 months ago 10

PTAB cites Enfish, refuses to institute Covered Business Method Review on Mirror World patent

Earlier today the Patent Trial and Appeal Board (PTAB) of the United States Patent and Trademark Office (USPTO) declined to institute a covered business method (CBM) review …
By Gene Quinn
7 months ago 6

Patent Office Issues New AIA Rules

The U.S. Patent and Trademark Office recently issued an updated set of rules affecting trial practice before the Patent Trial and Appeal Board. In large part, …
By Christopher King
7 months ago 2

Women’s Entrepreneurship Symposium

The United States Patent and Trademark Offi­ce (USPTO) and the Hagley Museum and Library are proud to present the Women’s Entrepreneurship Symposium in Wilmington, Delaware, …
By Gene Quinn
7 months ago 0

USPTO gives examiner guidance in light of Enfish v. Microsoft

Bahr tells examiners that based on the Federal Circuit ruling they "may determine that a claim direct to improvements in computer-related technology is not direct to an …
By Gene Quinn
7 months ago 45

Diversion of USPTO user fees is a tax on innovation

User fees fund our patent system. The patent system turns ideas into assets. Those assets are used to secure financing and gain access to markets. Financing and …
By Brian O’Shaughnessy
7 months ago 6

Teaching Points from the New USPTO Life Sciences Examples

On May 6, 2016, the U.S. Patent and Trademark Office released new life science examples on subject matter eligibility (Examples 28-32, consecutively numbered after the previously released USPTO …
By Elena S. Polovnikova
7 months ago 2

David P. Ruschke to become next Chief Judge of PTAB

The United States Patent and Trademark Office (USPTO) yesterday announced the appointment of David P. Ruschke as the next Chief Judge for the Patent Trial and Appeal …
By Gene Quinn
7 months ago 6

Patent Office Defends PTAB Denying Motions to Amend

Don't let the Patent Office fool you. If they wanted to offer patent owners procedural opportunities to fully and fairly engage in an amendment process for patents …
By Gene Quinn
7 months ago 40

To BRI or Not to BRI, That Is the Question

A good argument can be made that a given panel of PTAB judges will construe claims in the manner that makes most sense to them, regardless of …
By Paul Berghoff
7 months ago 6

Practitioner Strategies for Living in a Post-Cuozzo World

It seems difficult to reconcile the Respondent’s principal argument that two standards should still apply: that is, that the PTAB should be permitted to continue applying …
By Bradley Olson
7 months ago 10