Posts Tagged: USPTO


More conflicts of interest surface with second PTAB judge

The blindfold appearing in the common depiction of Lady Justice is there for a reason. According to Wikipedia, Lady Justice has been depicted with a blindfold since …

Ex Parte Appeal Oral Hearings: Making Your Case Right Before Decision Time

This data set shows that Oral Hearings are rarely conducted. (See Figure 1.) Across the 72,443 appeals, only 459 (0.63%) appeals had an Oral Hearing... As shown in Figure 4, Oral Hearings …
By Kate Gaudry & Sameer Vadera
22 days ago 1

USPTO diverting fees internally to subsidize PTAB trials

In prepared remarks Director Lee said the Office must significantly raise Patent Trial and Appeal Board (PTAB) fees in order for the PTAB to be self-sustaining on …
By Gene Quinn
23 days ago 50

Make Ohlhausen the FTC Chairman

One of the most straightforward steps President Trump can take to steer the ship of state on its new course is to put good people in place …
By James Edwards
23 days ago 0

Is the ethical bar for practitioners higher than it is for PTAB judges?

Had APJ Clements not been a member of the PTAB and one of the patent owners – let’s say Smartflash for example – had come to him and …
By Gene Quinn
23 days ago 21

If PTAB judges can decide cases involving former defense clients USPTO conflict rules must change

If an APJ making decisions in a case within 18 months of having represented a former client complies with whatever USPTO conflict rules or guidelines apply to PTAB …
By Gene Quinn
25 days ago 11

Fundamental incongruities of PTAB operations affect the integrity of the patent system

For more than two centuries, the U.S. Constitution, black letter law and precedent construed a patent as a property right. This is important because it is …

Are conflicts of interest at the PTAB leading to preferential decisions for Apple?

The lead APJ serving on the panel of multiple CBM reviews petitioned by Apple, who also wrote the final written decision on at least one CBM review …
By Steve Brachmann
29 days ago 42

Status of USPTO Regulatory Reform Task Force Uncertain

What I do know is that the Department of Commerce has created a Regulatory Reform Task Force and that the USPTO will participate on that Commerce Department …
By Gene Quinn
30 days ago 14

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
1 month ago 19

40 Years of Patent Trends

To uncover and visualize underlying trends in the subject matter of patents, we analyzed four decades of data from the USPTO PAIR database, from 1977 through 2016, inclusive. Extracting …
By Ed Flinchem
1 month ago 1

Fixing America’s Patent System is the Best Strategy to Jump-Start our Stalled Economy

Fixing America’s patent system is necessary for meaningful economic growth for America’s workers and America’s global competiveness over countries like China. Not surprisingly, Judge …
By Eli Mazour
1 month ago 19

Patent Office workforce reduction should focus on eliminating ‘dead weight’ patent examiners

In pursuing President Trump's federal workforce reduction plan the USPTO must target those patent examiners who have long been refusing to do their jobs. Losing these patent …
By Gene Quinn
1 month ago 16

Managing and Protecting a Brand in the Age of Social Media

In 2016 social media users reached 2.3 billion. With an audience made up of consumers, competitors and industry influencers, social media is a melting pot of opportunity and risk. …
By Jayne Durden
1 month ago 0

Samsung Succeeds in Reducing Damages for Infringement of Two Rembrandt Patents

Rembrandt sued Samsung for patent infringement in the Eastern District of Texas and convinced a jury that Samsung infringed its two asserted patents, awarding $15.7 million in damages. …