Posts Tagged: patent prosecution


Intellectual Ventures v. T-Mobile: Summary Judgment of Non-Infringement Vacated Due to Incorrect Claim Construction

In claim construction analyses, the plain and ordinary meaning of a claim term will not be narrowed by statements in the prosecution history, unless those statements clearly …

Patent Practice Training for Newbies

You’ve passed the patent bar exam. Now what? Having a license to practice is just the beginning. What you need is a bridge between passing the …
By Gene Quinn
4 months ago 0

Investing in Inventing: A Patent Process Primer for Startups

The patent process is long and complex, but well worth the effort if it means protecting your invention and your new company. Key decisions made along the …
By Trevor Day & Neil Ferraro
5 months ago 7

Misapplication of Obviousness: What the MPEP gets wrong about obviousness rejections

MPEP 2141 actually cites to Arendi, but then quotes the case entirely out of context. This is a worrisome problem that can be found in many parts of …
By Gene Quinn
5 months ago 18

PolarityTE stock tumbles, harassed by activist short seller misrepresenting Public PAIR data

Whether the Citron report is intentionally wrong for the purpose of causing PolarityTE stock to tumble, which it has, or whether it is recklessly wrong, or just …
By Gene Quinn
7 months ago 22

Understanding U.S. Patent Prosecution

The journey to a patent begins much before actually filing the patent application, but this article, however, provides an overview of the patent application and patent prosecution …
By Gene Quinn & Michael Benson
7 months ago 4

Blockchain Patenting Strategies in view of the Berkheimer Decision

The same factual analysis required in Berkheimer under step 2B should apply to fundamental economic practice analysis of claims under step 2A. The questions have similar factual …
By Thomas Isaacson
7 months ago 1

Federal Circuit Denies Petition for Rehearing En Banc in Xitronix Appeal on Walker Process Claims

On Friday, June 15th, the Court of Appeals for the Federal Circuit denied a petition for panel rehearing and rehearing en banc in Xitronix Corporation v. KLA-Tencor …
By Steve Brachmann
7 months ago 0

Creating Better Applications Through Patent Strengthening

Events along the prosecution process create multiple windows of opportunity for strengthening a portfolio. Decisions are based on indications of market adoption using evidence from specialized technical …
By Martin Bijman
7 months ago 1

Patent Practitioner Training

You’ve passed the patent bar exam. Now what? Having a license to practice is just the beginning. What you need is a bridge between passing the …
By Gene Quinn
7 months ago 0

Alternative Routes to Protection of Innovation

Every year different groups provide rankings of patent prosecution law firms and a company’s patent count for the year.  Patent law firms will tout their rankings …
By Robert Stoll
7 months ago 59

Predicting Future Patent Outcomes

In this article, I compute a “three-year grant rate” that shows the probability of obtaining a granted patent within three years of the first office action. This …
By Jeff O’Neill
8 months ago 15

Strategic Prosecution: Mining Your Competitors Portfolio for Your Strategic Benefit

In this free webinar we will take a look at several examples of pre-emptive claiming, which when done properly can allow your client to obtain a set …
By Gene Quinn
9 months ago 0

Incorporation By Reference Does Not Establish Priority

In an IPR brought by E*Trade in response to an infringement suit by Droplets, the Board found that the Droplets ‘115 patent was invalid due to obviousness. …

Patent Practitioner Training: Everything Patent Practitioners Need to Know

You’ve passed the patent bar exam. Now what? We have heard that question too many times to count over the years as we have collectively spent …
By Gene Quinn & John White
9 months ago 8