Posts Tagged: patents
The Most Interesting Man in the Patent World Fights to Improve America’s Patent System
“I can tell you that my work in China and Japan and Korea tells me that the companies there are quite delighted to pick up the slack …
Trump nominates financial services inventor Margaret Weichert to serve as OMB’s deputy director of management
Margaret Weichert, Trump’s selection for deputy director of management at the OMB, is an inventor who has received “14 successful U.S. patents,” an indication that someone …
Raid on Gibraltar: How the U.S. Patent System was Rigged Against Independent Inventors
The numbers are stark. As recently as 1990, individual inventors were granted 17 percent of all patents. By 2000, they received 12 percent and only 6.8 percent in 2010. In 2015, individual inventors were …
Federal Circuit Upholds the Board’s Invalidation of Southwire Patent
The Court found that the Board did not provide an adequate explanation for finding that the “30%” limitation was inherent in the reference, as a predicate for its …
Five Years after the AIA Created the PTAB
I want to believe Congress ultimately sought to strengthen the U.S. patent system with the AIA by providing a mechanism to more easily remove a small …
The PTAB’s dramatic effect on patent value and corresponding disincentives to capital allocation
Whether one celebrates or decries the PTAB, there can be little doubt that it has worked a profound effect on the value of American patents—and, concomitantly, …
The failed PTAB experiment has been a colossal mistake
The five year experiment of the Patent Trial and Appeal Board (PTAB) is a colossal mistake. It is a failure to inventors, startups, early stage investors, job …
Federal Circuit Reverses and Remands Dismissal of Direct and Indirect Infringement Claims
A party need not prove its infringement case with detailed facts at the pleadings stage. For direct infringement, it is sufficient to identify where the alleged infringement …
Federal Circuit says Secondary Considerations Not Part of Prima Facie Obviousness Analysis
Objective indicia must be evaluated before drawing an ultimate conclusion on obviousness, but are not necessarily part of a prima facie “motivation-to-combine” analysis. To prove inequitable conduct …
Conservatives’ Letter to U.S. Senate Says Preserve Bayh-Dole
Though aimed at certain pharmaceutical products, Sens. Angus King’s and Bernie Sanders’ potential amendments would throw the key to the Bayh-Dole Act’s success —certainty and …
The Increasingly Powerful PTAB: Underutilized Precedential Designations Undermines Efficiency and Consistency
The PTO has increased the number of Board decisions as being precedential (so as to serve as a binding authority) by 36% within the last two years. With …
Crossing the Chasm: Avoiding and Surviving the PTAB
In 2012, the American Invents Act established three new administrative procedures: post grant review (PGR), inter-partes review (IPR), and covered business method patent (CBM) review. In each of …
EPO ready for the first Unitary Patent as soon as the ratification requirements are met
One of the great aspects of the Unitary Patent is that it follows the normal EPO procedure up to grant. And indeed, the search and the examination …
A review of enhanced damages since Halo: Minimizing potential exposure to enhanced damages
Since the Supreme Court’s decision in Halo, there have been approximately 100 cases analyzing whether the adjudged infringer acted egregiously/willfully en route to a determination of …
How the New USPTO Director Can Impact Patent Subject Matter Eligibility and Post-Patent Grant Challenge Proceedings
As the challenge proceedings and the Patent Trial and Appeal Board mark their fifth anniversary, we should reflect on whether they have achieved their intended purpose. About …
