Posts Tagged: America Invents Act
PTAB Rulemaking: Past, Present, and Future
Recently, the USPTO published a Notice of Proposed Rulemaking (NPRM) to change the “Trial Practice at the Patent Trial and Appeal Board,” which is contained in Part 42 …
Why We Need USPTO Examiners to Attend Inter Partes Reviews
Whoever wrote the America Invents Act (AIA) left out the U.S. Patent and Trademark Office (USPTO) examiners. The examiner on any given patent at issue in …
Golden v. United States Shows That the Federal Circuit Overstepped Its Bounds in Celgene
Last week, in Golden v. United States, the Federal Circuit again rejected the argument that the cancellation of a patent in an America Invents Act (AIA) post-grant …
Your Licensees’ Patent Marking Program is Also Your Concern
As an in-house IP attorney, you may take comfort in knowing that your patent marking program is thorough, well-established, and properly executed. You have standardized procedures to …
The Only Thing the America Invents Act Can’t Take from Me: My Story
A flash of genius hits like lightning. It shocks you into a superior state of understanding and your entire body buzzes. My flash struck in the summer …
Rethinking the Patent System: Five Ways to Make U.S. Patents a Real Investment Vehicle
The patent industry is in the doldrums. While the U.S. economy continues to endure historic, sustained growth, the stock market has skyrocketed, and new services, products, …
In Search of a Jury Trial: One Inventor’s Experience at the PTAB and Federal Circuit
Outlined below is the story of how the America Invents Act (AIA) of 2011 made a novel 2002 invention obvious in 2018. I’m the first named inventor of the 7058524 …
Federal Circuit’s Dodocase Vr Decision Provides a Roadmap for Limiting AIA Proceedings
If you are a patent owner asserting and licensing your patent, chances are you want to avoid an America Invents Act (AIA) proceeding, whether that proceeding is …
A Look at the Briefs in Thryv v. Click-to-Call Before Supreme Court Oral Arguments
On Monday, December 9, the U.S. Supreme Court will hear oral arguments in Thryv, Inc. v. Click-to-Call Technologies, LP. The case, which has gone through multiple name …
No Justice for Small Company Innovators: Make Your Voice Heard on the America Invents Act, IPRs, and the CAFC’s Rule 36
My company, Chestnut Hill Sound Inc. (ChillSound), has been victimized by a U.S. patent system that for nearly a decade has been in a sorry state. …
Other Barks & Bites: USPTO Updates AIA Trial Practice Guide, VoIP-Pal Beats Four Apple IPR Petitions, and China is Top Filer of Blockchain Patents
This week in Other Barks & Bites: the U.S. Patent and Trademark Office issues an updated AIA Trial Practice Guide following SAS Institute v. Iancu; the AM-FM …
Celgene Corp. v. Peter: Should the Federal Circuit Leave PTAB ‘Patent Takings’ Issue for Another Day?
Nearly four months ago, the Federal Circuit for the first time addressed the applicability of the Takings Clause of the Fifth Amendment to IPRs, holding in Celgene …
Federal Circuit Says PTAB Judges Are Not Constitutionally Appointed
The U.S. Court of Appeals for the Federal Circuit, in an opinion authored by Judge Moore, has ruled that the current statutory scheme for appointing Administrative …
PTAB Issues First Motion to Amend Guidance, Samsung Petitions for IPR Granted Despite NuCurrent Issue Preclusion Defense
The Patent Trial and Appeal Board (PTAB) recently issued its first-ever preliminary guidance on motions to amend claims filed by patent owner Sanofi and, although the substituted …
Were the Wright Brothers Patent Trolls? One View of R Street Institute’s Capitol Hill Panel on Patents
On Tuesday, I attended a panel discussion on the National Security Implications of Patents along with my siblings, Madeline and Gideon Malone, and we were informed that …
