Posts Tagged: PGR


Class Action Lawsuit Filed Against U.S. Government Alleging PTAB Violates Takings Clause and Due Process

On Wednesday, May 9th, Oklahoma-based patent owner Christy Inc. filed a class action complaint in the U.S. Court of Federal Claims against the United States seeking …
By Steve Brachmann
11 days ago 44

PTO Proposes Rulemaking to Implement Phillips Claim Construction at PTAB

Earlier today the USPTO announced proposed rulemaking that would change the prior policy of using the Broadest Reasonable Interpretation (BRI) standard for construing unexpired and proposed amended …
By Gene Quinn
14 days ago 17

PTAB Reform: An Urgent Request on Behalf of Independent Inventors

What follows is a letter on the topic of PTAB reform that will be sent to USPTO Director Andrei Iancu on Monday, May 14, 2018. The letter seeks urgent …
By Josh Malone
15 days ago 26

USPTO Director Andrei Iancu Discusses Patentability of Algorithms, PTAB Proceedings at Senate Judiciary Committee

Sen. Harris followed up by asking whether algorithms were mathematical representations of laws of nature. “You’re getting right to the heart of the issue,” Iancu said. …
By Steve Brachmann
1 month ago 19

Doubling Down on Double Adjudication – the MerchSource post-issuance review model

Imagine this: you become aware of a patent that might cover your products, so you reach out to the patentee to secure a license agreement. After negotiating …
By Melissa Brand & Hans Sauer
2 months ago 6

The House IP Subcommittee: A Bunch of Fiddling Neros Watching the U.S. Patent System Burn

Interestingly, in the history of the entire CBM program, only three petitions have ended with final written decisions upholding all claims as valid. That’s 1 percent of …
By Gene Quinn & Steve Brachmann
2 months ago 7

STRONGER Patents Act Introduced in House, Seeks to Strengthen a Crippled Patent System

In a telephone interview, Rep. Stivers noted that, while the AIA was intended as legislation that would make the patent system more efficient, the resulting differences in …
By Steve Brachmann
2 months ago 21

PTAB Chief Judge defends APJs as having extensive legal experience

The USPTO has provided us with a comment from Chief Judge David Ruschke, who defends APJs of the PTAB as having extensive legal and technical experience. The …
By Gene Quinn
3 months ago 93

Telebrands loses $12.3 million verdict for willful patent infringement of Bunch O Balloons

On November 21st, a jury verdict entered in the Eastern District of Texas awarded $12.3 million in damages to Tinnus Enterprises and ZURU Ltd. in a patent infringement …
By Steve Brachmann
6 months ago 17

USPTO Director Nominee Andrei Iancu has Confirmation Hearing Before the Senate Judiciary Committee

On the afternoon of Wednesday, November 29th, the U.S. Senate Committee on the Judiciary held a hearing to consider the nomination of four political appointees from …
By Steve Brachmann
6 months ago 10

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
8 months ago 11

A Look Back at the Legislative Origin of IPRs

Those now familiar with IPR proceedings will already have recognized how little resemblance current IPR proceedings have to what most supporters of the AIA envisioned upon its …
By Phil Johnson
8 months ago 30

Five Years after the AIA Created the PTAB

I want to believe Congress ultimately sought to strengthen the U.S. patent system with the AIA by providing a mechanism to more easily remove a small …
By Russell Slifer
8 months ago 14

The Increasingly Powerful PTAB: Underutilized Precedential Designations Undermines Efficiency and Consistency

The PTO has increased the number of Board decisions as being precedential (so as to serve as a binding authority) by 36% within the last two years. With …
By Kate Gaudry & Thomas Franklin
8 months ago 23

The only solution for the transgressions of the PTAB is to disband this runaway tribunal

Hiring senior associates to be Administrative Patent Judges was a mistake, hiring so many senior associates from the same firm was an even bigger mistake. Making it …
By Gene Quinn
8 months ago 51