Posts Tagged: America Invents Act
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 …
Examining the USPTO’s Bid for Adjudicatory Chevron Deference
In response to a request for supplemental briefing from the Federal Circuit in Facebook v. Windy City Innovations, the U.S. Patent and Trademark Office (USPTO) recently …
ITC Investigates University of California Complaint Against Amazon and Other Major Retailers
In late August, the U.S. International Trade Commission published a notice of institution of a Section 337 investigation on behalf of the Regents of the University of …
Other Barks & Bites, Friday, September 6: CAFC Says State Sovereignty Doesn’t Authorize Suit in Improper Venue; USPTO Revises Guidance on U.S.-Licensed Attorney Requirement for Trademark Applicants
This week in Other Barks & Bites: the Chinese government announces stricter punitive measures in its IP system; the Federal Circuit says state sovereignty principles do not allow …
Note to President Trump: Silicon Valley Pirates Are a Bigger Threat to Intellectual Property Than China
There is a lot of focus—and rightly so—on China’s stealing of U.S. intellectual property (IP). Recently, Trump economic adviser Larry Kudlow stated on …
Next Steps After Celgene: Federal Circuit Ruling on Takings Clause and IPRs Leaves Open Questions
Since the Supreme Court upheld the constitutionality of inter partes review (IPR) a little more than a year ago in Oil States, several patent owners have brought …
VirnetX Scores Partial Win in Its Latest Federal Circuit Case with Apple
The United States Court of Appeals for the Federal Circuit last week affirmed-in-part, vacated-in-part, and remanded a decision of the Patent Trial and Appeal Board (PTAB) in …
Artificial Intelligence Inventor Asks If ‘WHO’ Can Be an Inventor Is the Wrong Question?
Recently a group out of the University of Surrey provided a new challenge to the definition of inventor, asking “who what may be an inventor on a …
