Posts in USPTO


Federal Circuit vacates PTAB decision for failure to explain reason claims were invalid

Unlike the Board’s anticipation determinations, which contravened the only permissible findings that could be drawn from the prior art under the proper constructions of the relevant …
By Joseph Robinson & Robert Schaffer
48 minutes ago 0

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” …

CAFC affirms PTA calculation because patentee did not properly request early national stage examination

The Federal Circuit found that Actelion was required to make an express request to commence early national stage examination. Actelion’s statement “earnestly soliciting early examination,” which …

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
5 days ago 1

Federal Circuit Upholds Thales Motion Tracking Patent Asserted against U.S. Government for Second Time

The recent Federal Circuit decision in Elbit Systems of America, LLC v. Thales Visionix, Inc. affirmed a final written decision issued by the Patent Trial and Appeal …
By Steve Brachmann
6 days ago 2

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
8 days ago 28

SSH Communications Enters Cross-License Agreement with Sony After Losing Patents at PTAB

On Monday, February 5th, Finnish enterprise cybersecurity solutions firm SSH Communications Security announced that it had entered into a patent cross-license and settlement agreement with Japanese electronics …
By Steve Brachmann
9 days ago 4

Andrei Iancu Begins Role as New Director of USPTO

The United States Patent and Trademark Office (USPTO) today announced that Andrei Iancu began his first official day as Under Secretary of Commerce for Intellectual Property and …
By Press Releases
10 days ago 1

PTAB Chief Attempts to Explain Expanded Panel Decisions, Sovereign Immunity at PPAC

Given the PTAB's ability to make decisions precedential, Ruschke's argument about how important and meaningful it is to have expanded panels to ensure uniformity misses the mark. …
By Steve Brachmann & Gene Quinn
11 days ago 9

Do Recent Decisions Signal a Change in Patent Owner’s Rights to Defend and Amend Claims in Post-Grant Proceedings?

Ever since the introduction of AIA post-grant proceedings, many have questioned whether the procedural deck is stacked against patent owners.  Limits on making claim amendments, having to …
By David Thibodeau
13 days ago 7

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
14 days ago 29

Disclaimer Before Institution of IPR Results In Adverse Judgment And Estoppel

A disclaimer of challenged patent claims before an IPR is instituted may result in a final adverse judgment against the patent owner, triggering estoppel provisions that preclude …

Revised MPEP May Provide New Tools in Alice Rejections

The MPEP requires that “[i]n particular, the initial burden is on the examiner to explain why a claim or claims are ineligible for patenting clearly and …
By Kevin A. Rieffel
15 days ago 7