Posts Tagged: Leahy-Smith AIA


Lofgren, Issa Denounce Proposed PTAB Claim Construction Changes in Oversight Hearing

found it disturbing that the Director Iancu would circumvent the prerogative of Congress with recently announced proposed PTAB claim construction changes, though she admitted the decision wasn’…
By Steve Brachmann
1 year ago 18

USPTO Issues Guidance on Effects of Supreme Court’s Decision in SAS Institute on PTAB Trials

On Thursday, April 26th, the U.S. Patent and Trademark Office issued new guidance regarding the effects of the U.S. Supreme Court’s judgment in SAS …
By Steve Brachmann
1 year ago 0

USPTO Director Andrei Iancu Discusses Patentability of Algorithms, PTAB Proceedings at Senate Judiciary Committee

Sen. Harris followed up by asking whether algorithms were mathematical representations of laws of nature. “You’re getting right to the heart of the issue,” Iancu said. …
By Steve Brachmann
2 years ago 19

The House IP Subcommittee: A Bunch of Fiddling Neros Watching the U.S. Patent System Burn

Interestingly, in the history of the entire CBM program, only three petitions have ended with final written decisions upholding all claims as valid. That’s 1 percent of …
By Gene Quinn & Steve Brachmann
2 years ago 7

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 Gene Quinn & Steve Brachmann
2 years ago 9

Inventor Appeal to CAFC Challenges PTAB Authority to Invalidate Claims on Remand

D’Agostino’s appeal challenges PTAB authority to entertain invalidity on remand as no part of the IPR statute found in the America Invents Act (AIA) permits …
By Steve Brachmann
2 years ago 0

What is on the Horizon for Patent Owners in 2018?

One of the questions that gets asked this time of year, when the world is busy flipping the calendar from one year to the next, is “What …
By Steve Brachmann
2 years ago 8

Open Letter Exaggerates the Benefits of Recent Patent Reforms

HTIA’s letter argues that venture capital funding and startup activity have grown in recent years, further proof of their view that the federal government has properly …
By Steve Brachmann
2 years ago 3

The Top Trends in Patent Law for 2017

As we mark the close of yet another year, we’re provided with a perfect opportunity to look back on the previous twelve months and see what …
By Steve Brachmann
2 years ago 1

A Modest Patent Proposal

Just as Swift’s solution to the crises of his day was abhorrent, i.e., eating the children of the poor for nourishment, eating the issue of …
By Raymond Van Dyke
2 years ago 28

USPTO Recognizes Federal Circuit’s Aqua Products Decision, Issues Memo on Motions to Amend in IPRs

On November 21, 2017, the USPTO’s Chief Administrative Patent Judge David P. Ruschke issued a memorandum to the Patent Trial and Appeal Board (PTAB) providing guidance on motions …
By John M. Rogitz
2 years ago 5

Tech’s Ruling Class Files Amici Briefs with U.S. Supreme Court in Oil States Case

October 30th was a very busy day for amici filing briefs with the U.S. Supreme Court on how the highest court in the nation should decide …
By Steve Brachmann
2 years ago 7

Independent Patent Owners File Briefs with Supreme Court in Oil States

A review of amicus briefs filed with the U.S. Supreme Court in advance of oral arguments in Oil States Energy Services, LLC v. Greene’s Energy …
By Steve Brachmann
2 years ago 0

Give Thanks for Oil States

Is a patent a property right? It certainly has been considered so for over 200 years. If it is a property right, to invalidate it should require an …
By Randy Landreneau
2 years ago 15

USPTO Increases IPR Filing Fees by $6,500 in Final Rule on Fee Adjustments

The USPTO issued a final rule to set or adjust certain patent fees as the agency is authorized to do under the America Invents Act (AIA) of 2011. …
By Steve Brachmann
2 years ago 6