Posts Tagged: PGR
After Priority Date Lost, PTAB Invalidates Aircraft Lavatory Design Patent
Despite the April 2011 priority date asserted for the ‘031 design patent, the PTAB found in its institution decision that the ‘031 patent wasn’t entitled to the priority date …
Harmonizing the PTAB: Iancu calls change to Phillips ‘critically important’
"It seems self-evident that the same patent contested in different tribunals should have its meaning – its boundaries – determined using the same standard," Director Iancu said when discussing …
PPAC Fee Hearing Discusses Proposed Increases to Late Payments, AIA Trial Fees
Lisa Jorgenson, executive director of the American Intellectual Property Law Association (AIPLA), asked the agency to better justify the increased surcharge for late maintenance fee payments as …
Which Invalidity Avenue to Take: Inter Partes Review Verses Post-Grant Review
The United States Patent and Trademark Office (USPTO) provides invalidity tools via inter partes review (IPR) and post-grant review (PGR), but which route is better? ... PGRs are …
Legislation Introduced in House to Repeal the PTAB and the AIA
There are 13 sections to Massie’s bill, many of which are geared towards the abolition of various statutes of the AIA. Perhaps the most salient portion of …
In Tinnus v. Telebrands, Federal Circuit Reverses PTAB’s Finding of Indefiniteness After PTAB Erred in Packard Analysis
On Wednesday, May 30th, the Court of Appeals for the Federal Circuit entered a decision in Tinnus Enterprises v. Telebrands Corporation which reversed and remanded an earlier …
Class Action Lawsuit Filed Against U.S. Government Alleging PTAB Violates Takings Clause and Due Process
On Wednesday, May 9th, Oklahoma-based patent owner Christy Inc. filed a class action complaint in the U.S. Court of Federal Claims against the United States seeking …
PTO Proposes Rulemaking to Implement Phillips Claim Construction at PTAB
Earlier today the USPTO announced proposed rulemaking that would change the prior policy of using the Broadest Reasonable Interpretation (BRI) standard for construing unexpired and proposed amended …
PTAB Reform: An Urgent Request on Behalf of Independent Inventors
What follows is a letter on the topic of PTAB reform that will be sent to USPTO Director Andrei Iancu on Monday, May 14, 2018. The letter seeks urgent …
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. …
Doubling Down on Double Adjudication – the MerchSource post-issuance review model
Imagine this: you become aware of a patent that might cover your products, so you reach out to the patentee to secure a license agreement. After negotiating …
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 …
STRONGER Patents Act Introduced in House, Seeks to Strengthen a Crippled Patent System
In a telephone interview, Rep. Stivers noted that, while the AIA was intended as legislation that would make the patent system more efficient, the resulting differences in …
PTAB Chief Judge defends APJs as having extensive legal experience
The USPTO has provided us with a comment from Chief Judge David Ruschke, who defends APJs of the PTAB as having extensive legal and technical experience. The …
Telebrands loses $12.3 million verdict for willful patent infringement of Bunch O Balloons
On November 21st, a jury verdict entered in the Eastern District of Texas awarded $12.3 million in damages to Tinnus Enterprises and ZURU Ltd. in a patent infringement …
