Posts Tagged: post grant procedures


Google, HTC, ZTE, Huawei gang up on small navigation software developer with IPR filing

Patent system savvy corporations are ganging up on a smaller developer within the nascent automotive software industry who had the temerity to assert a patent covering a …
By Steve Brachmann
2 days ago 22

Michelle Lee’s views on patent quality out of touch with reality facing patent applicants

In the piece, Lee tries her best to assure readers that positive developments have been made at the USPTO in recent years, but at multiple points she …

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
23 days ago 22

Is there an inherent bias against patent owners at the PTAB?

Pedersen doesn’t disagree that the patent system is biased against the patent owner in that “the patent owner has to run the gauntlet,” referring to needing …
By Gene Quinn
2 months ago 5

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
2 months ago 8

Federal Circuit Remands Inter Partes Review Decision Invalidating NuVasive Patent

NuVasive owns a patent relating to spinal fusion implants. Medtronic petitioned the Patent Trial and Appeal Board (the “Board”) to institute an inter partes review challenging the …

Financial CHOICE Act could presage Congressional action on administrative abuses at PTAB

One of the effects of this bill, were it enacted by Congress as currently written, would be to modify the enforcement activities of the U.S. Securities …
By Steve Brachmann & Gene Quinn
2 months ago 3

Argument in Aqua Products Hints that Federal Circuit May Change PTAB Amendment Practice

Overall, a significant number of the eleven judges present for argument hinted through their questioning that they thought the PTO’s rulemaking was problematic.... The PTO’s …
By Paul Margulies
2 months ago 0

Videos as a Printed Publication in Inter Partes Review

In a handful of IPRs, the Petitioner has relied on a video, and asserted that the video constitutes a printed publication... One factor raised in these cases …
By Michael K. O’Neill
3 months ago 1

Federal Circuit’s En Banc Review in Aqua Products Could Upend PTAB Amendment Practice

On December 9, 2016, the en banc Federal Circuit will hear argument in In re Aqua Products, Inc. on an issue that has long been troubling patent owners involved …
By Paul Margulies
3 months ago 4

CAFC Judges invite en banc review of holding that PTAB decisions to initiate IPRs are unreviewable

''It appears to me that en banc consideration [of Achates] is warranted,'' Judge Taranto wrote. ''It is notable, to begin with, that the [Supreme] Court pointedly …
By John M. Rogitz
3 months ago 5

Dictators, Property Rights and the PTAB: Why the AIA Must be Repealed

Now that Trump has won, the discussion has narrowed to whether Trump will keep patents weak or make patents great again. From the outside perspective, it is …
By Paul Morinville
3 months ago 61

Federal Circuit slams PTAB for wrong definition of CBM patent in Unwired Planet v. Google

The PTAB used the wrong standard to institute the CBM proceeding in the first place, which lead the Federal Circuit to vacate the PTAB decision and remand …
By Gene Quinn
3 months ago 17

Federal Circuit Affirms Anticipation Based on Converting Units of Measure; Remands for Consideration of Prior Conception

Neste filed a petition for inter partes review of REG’s U.S. Patent No. 8,231,804 (‘804 patent) and the Patent Trial and Appeal Board ultimately found all of …

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
3 months ago 37