Posts Tagged: America Invents Act


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 …
By IPWatchdog
16 days ago 34

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 …
By IPWatchdog
24 days ago 1

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 …
By Lydia Malone
1 month ago 26

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 …
By Andrew Michaels
2 months ago 1

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 …
By Steve Brachmann
2 months ago 10

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 …
By IPWatchdog
2 months ago 0

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 …
By Emil Malak
3 months ago 33

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 …
By Nancy Braman
3 months ago 4

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 …
By Benjamin Ford
3 months ago 7

Other Barks & Bites, August 2: VirnetX Patent Claims Revived, AIA Trial Fees Increased, and CAFC Rules in Celgene that AIA Trials Do Not Violate the Fifth Amendment

This week in Other Barks & Bites: The Federal Circuit issues several precedential decisions, including one reviving the patent claims in VirnetX and another determining that America Invents …
By IPWatchdog
4 months ago 7

Other Barks & Bites, Friday, July 19: USPTO Updates AIA Trial Practice Guide, Senate Bill to Block Huawei Patent Purchases, and CASE Act Voted Out of Committee

This week in Other Barks & Bites: Senators Rubio and Cornyn introduce a bill to prevent Huawei from buying and selling U.S. patents; the CASE Act to …
By IPWatchdog
4 months ago 0

PTAB Declares New Patent Interference Proceedings in CRISPR-Cas9 Gene Editing Battle

On Tuesday, June 24, the Patent Trial and Appeal Board (PTAB) declared an interference proceeding  between a collection of entities that are on opposing sides in the race …
By Steve Brachmann
5 months ago 0

Dex Media: Supreme Court to Determine Scope of Judicial Review of IPR Institution Decisions

On Monday, the U.S. Supreme Court granted a petition for writ of certiorari to take up Dex Media Inc. v. Click-to-Call Technologies, LP on appeal from …
By Steve Brachmann
5 months ago 0

SCOTUS Ruling in Return Mail Delivers Blow to Government Use of IPRs

This morning, the U.S. Supreme Court issued its decision in Return Mail, Inc. v. United States Postal Service in which the 6-3 majority held that the …
By Steve Brachmann
5 months ago 6