Posts Tagged: USPTO


PTAB Ruling Tainted by Hindsight; Failure to Consider Undisputed Commercial Success

The Federal Circuit also remanded to the Board further consideration of the undisputed evidence presented by Polaris that its ATVs were a commercial success. Polaris presented undisputed …

CAFC says PTAB Entitled to Weigh the Credibility of Experts, Ignore Attorney Argument

Elbit’s expert argued that the asserted claims were obvious because the two-step and three-step methods are “mathematically equivalent” in that the three-step method simply reorders steps …

Nordt Succeeds in Appeal to Federal Circuit on Knee-Brace Application

Despite its ultimate conclusion, the Court observed that Nordt failed to “persuasively or precisely” articulate to the Board “what structural limitation is imparted” by the “injection molded” …

The USPTO Celebrates Valentine’s Day with Barbershop Quartet IP Love Song

The United States Patent and Trademark Office is celebrating Valentine's Day with a special world premiere music video featuring a Barbershop Quartet singing the praises of — and …
By Gene Quinn
4 days ago 1

What should USPTO Director Andrei Iancu do first?

There are no shortage of opinions about what Director Iancu should do now that he is at the helm of America's innovation agency. To contribute to the …
By Gene Quinn
7 days ago 28

Andrei Iancu confirmed by Senate as Director of the USPTO

Andrei Iancu was confirmed by the United States Senate to become Under Secretary of Commerce for Intellectual Property and the Director of the United States Patent and …
By Gene Quinn
13 days ago 29

Senate Schedules Andrei Iancu Confirmation Vote for February 5

On Monday, February 5, 2018, the United States Senate will hold a confirmation vote on Andrei Iancu, President Trump’s pick to become the next Under Secretary of Commerce …
By Gene Quinn
18 days ago 2

Incontestable Status: What it is and why trademark owners want it

Incontestable status does not make the trademark immune from all possible challenges, however, the most problematic challenges from a trademark owner's perspective are gone... "To me, incontestable …
By Gene Quinn
18 days ago 1

If it Looks Like a Kangaroo, Hops Like a Kangaroo…

What’s abundantly clear – and disastrous for both the patent system and the public – is that the PTAB’s Kafkaesque rules for complaining about anything outside of …
By Aaric Eisenstein
20 days ago 4

Why did two APJs issue an identical concurring opinion in separate cases?

Notice what APJ Harlow wrote relating to IPR2017-01068 is word for word identical to what APJ Bisk wrote relating to IPR2017-01186. Indeed, the entirety of …
By Gene Quinn
20 days ago 8

The Bill Carpenter Story: The Path to a Granted United States Patent

We started working with California Lawyers for the Arts (CLA), a nonprofit serving as statewide administrator for the California Inventors Assistance Program (CIAP). The firm assisted Bill …

ABA asks Federal Circuit to reverse panel’s decision awarding lawyer fees in patent appeal cases

The American Bar Association filed an amicus brief today with the United States Court of Appeals for the Federal Circuit, arguing that a provision of U.S. …
By Press Releases
26 days ago 2

TTAB denies Beyoncé requests in BLUE IVY CARTER Trademark Opposition Proceedings

In late December, Beyoncé’s trademark holding company lost out on a motion to amend the TTAB’s standard protective order to make certain information confidential under 37 …
By Steve Brachmann
26 days ago 0

USPTO to Remain Open in spite of Government Shutdown

Regardless of any government shutdown, the United States Patent and Trademark Office (USPTO) will continue normal operations. Unlike other agencies, the USPTO has access to fees collected …
By Gene Quinn
1 month ago 8

Inventor Appeal to CAFC Challenges PTAB Authority to Invalidate Claims on Remand

D’Agostino’s appeal challenges PTAB authority to entertain invalidity on remand as no part of the IPR statute found in the America Invents Act (AIA) permits …
By Steve Brachmann
1 month ago 0