Posts Tagged: PGR


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
2 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
2 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
2 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
2 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
2 months ago 51

USPTO files brief at CAFC supporting patent-infringing respondent Telebrands

Tinnus argues in its appeal that the PTAB panel applied standards for inter partes review (IPR) proceedings to a trial that was instituted as a PGR. “In …
By Steve Brachmann
3 months ago 5

A section-by-section look at the STRONGER Patents Act introduced in the Senate

In late June, the Support Technology and Research for Our Nation’s Growth and Economic Resilience (STRONGER) Patents Act of 2017 was introduced into the U.S. Senate …
By Steve Brachmann
5 months ago 8

En Banc Federal Circuit Dodges PTAB Constitutionality

Patlex, which dealt with reexamination of applications by an examiner — not by an Article I tribunal — could be considered a next step beyond McCormick. MCM, however, simply …
By Gene Quinn
6 months ago 38

America’s Patent System: Mediocre and stabilized in a terrible space

“The results from the Patent Trial and Appeal Board reflect the procedures it applies, and in my judgment the procedures are wildly off base,” Judge Michel explained... “…
By Gene Quinn
7 months ago 37

The Top 3 Reasons the U.S. Patent System in Decline

Concerns over software and biotechnological innovations being patent eligible, the omnipresent threat of patent reform that could make it even more difficult to enforce the patent property …
By Gene Quinn
7 months ago 19

The Transformation of the American Patent System: Adverse Consequences of Court Decisions

Activist Supreme Court decisions in the last decade have been principally responsible for these changes, stimulated by aggressive technology company incumbent lobbying. The combination of these decisions …
By Neal Solomon
10 months ago 22

Curing the PTAB: How 3 Fixes Will Make a Better, Fairer Process

When the America Invents Act (AIA) was being formulated, from about 2005 – 2011, nothing was more subject to change bill-to-bill than the proposed “1st look” and “2nd look” procedures …
By John White
11 months ago 8

Director Lee’s remarks at IAM paint a PTAB patent owners simply do not recognize

The way Lee talks about the PTAB makes me wonder whether she is referring to the same entity that I commonly refer to as the PTAB. Indeed, …
By Gene Quinn
1 year ago 37

The Increasingly Important Roles of Bloggers in Post Grant Proceedings

Both petitioners’ and patent owners’ reliance on blog articles in the course of post grant proceedings has been approximately equal. However, the manner in which the blog …
By Timothy J. Maier
1 year ago 1

Patent Reform: An Analyst’s Perspective of the AIA

Perhaps the most challenging to accept is the notion that a tribunal created with a specific purpose of invalidation can be impartial to both the petitioners and …
By Elena Murphy
1 year ago 2