Posts Tagged: Patent Trial and Appeal Board


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 …

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
18 days ago 9

Supreme Court seems split on Oil States constitutionality challenge to IPR proceedings

Justice Gorsuch seems the most likely, based on his questions, to support the petitioner's position that there is a constitutional infirmity surrounding IPR proceedings. Chief Justice Roberts …
By Gene Quinn
18 days ago 26

Law Professors File Briefs with the Supreme Court in Oil States

A review of amici briefs filed with the U.S. Supreme Court in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC provides evidence of …
By Steve Brachmann
20 days ago 5

Solicitor General Tells SCOTUS that Patents are Public Rights in Oil States Brief

The government’s brief argues that IPR proceedings at the PTAB are consistent with Article III because, in its view, patents are public rights and not private …
By Steve Brachmann
20 days ago 0

Give Thanks for Oil States

Is a patent a property right? It certainly has been considered so for over 200 years. If it is a property right, to invalidate it should require an …
By Randy Landreneau
21 days ago 15

VoIP-Pal.com prevails in 7 separate IPRs, PTAB finds no evidence of invalidity

In two final decisions and five decisions on IPR institution, the PTAB panel of administrative patent judges (APJs) found that petitioners Apple and AT&T did not …
By Steve Brachmann
23 days ago 6

USPTO Increases IPR Filing Fees by $6,500 in Final Rule on Fee Adjustments

The USPTO issued a final rule to set or adjust certain patent fees as the agency is authorized to do under the America Invents Act (AIA) of 2011. …
By Steve Brachmann
26 days ago 6

Three rounds of IPR petitions invalidates VirnetX patent after Apple gets around statute of limitations

Luckily for Apple and Microsoft, however, VirnetX did not assert the ‘135 patent against Mangrove Partners, a hedge fund, which filed a petition for IPR against the ‘135 patent …
By Steve Brachmann
30 days ago 3

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
1 month 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 …

Predicting SAS Institute in Advance of SCOTUS Oral Arguments

The United States Supreme Court will hear oral arguments in SAS Institute v. Matal on Monday, November 27, 2017. This case will give the Supreme Court the opportunity to …
By Gene Quinn
1 month ago 5

Predicting Oil States in Advance of SCOTUS Oral Arguments

The United States Supreme Court will hear oral arguments in Oil States v. Greene's Energy Group on Monday, November 27, 2017. This case will give the Supreme Court its …
By Gene Quinn
1 month ago 43

When Big Brother Comes Marching In: Patent Challenges on Entrepreneurial Campuses

Bayh-Dole has recently come under attack, as some are trying to highjack certain provisions to be used as a cost control measure for novel therapeutics as the …

Why SAS Institute Matters More Than Oil States

Oil States Energy Services LLC v. Greene’s Energy Group, LLC, now scheduled for oral argument before the Supreme Court on November 27, is clearly receiving all the …
By David Thibodeau
1 month ago 11