Posts Tagged: presumption of validity


Finnavations v. Payoneer: A Case Study Into a Broken Patent System

If you innovate and invest more than $10,000 to obtain patent protection on your idea, do you trust a government-issued patent to be a valid one?  And if …
By Gau Bodepudi
18 days ago 25

Is the Presumption of Validity Dead in Substitute Claims Issued as a Result of Motions to Amend After PTAB Proceedings?

Since the Federal Circuit’s decision in Aqua Products, Inc. v. Matal confirmed that the burden of persuasion on a the patentability of amended claims in a …

Solicitor General Tells SCOTUS that Patents are Public Rights in Oil States Brief

The government’s brief argues that IPR proceedings at the PTAB are consistent with Article III because, in its view, patents are public rights and not private …
By Steve Brachmann
2 years ago 0

The Problem of Inter-Partes Review (IPR)

IPRs introduced an asymmetric component which particularly burdens the patent holder by requiring a very expensive ten-fold higher cost to defend the patent in the PTAB relative …
By Neal Solomon
2 years ago 21

Legislating from the Bench: Overusing §101 for sake of expediency

Unfortunately, §102, §103, and §112 issues can and do get wrapped into the court’s §101 reasoning, thus resulting in opinions with no differentiation. In the end, courts are forcing a …
By Gene Quinn & Audrey Ogurchak
3 years ago 1

Misleading argument in Cuozzo suggests district courts use BRI

In the Introduction to the Unified Patents’ brief the following statement is made: “The phrase ‘broadest reasonable interpretation’ describes the same procedure applied in both the PTO …
By Gene Quinn
4 years ago 28

What is the point of examination if patents are not presumed valid?

If you get a patent that won’t make anyone any money, including yourself, the government seems perfectly willing to presume that your worthless patent is valid. …
By Gene Quinn
4 years ago 74

What are Legitimate Patent Rights and Who are Legitimate Patent Owners?

Use of this phrase strikes me as indefensible because by its very nature it implies picking winners and losers after the Patent Office has already issued a …
By Gene Quinn
4 years ago 25

Garbage in, Garbage out: A quality patent requires patent quality from the start

The term patent quality gets used frequently within the industry, but what does it actually mean? At least for the patent practitioner, the question of patent quality …
By Gene Quinn
4 years ago 0

Alice at Court: Stepping Through the Looking Glass – Part II

There is a further gulf between those who view In re Alappat as sound logic and engineering (ABL, AIPLA, Alice, Mr. Ronald Benrey, BSA, CCIA, Mr. Dale …
By Robert Sachs
6 years ago 2

Microsoft i4i Oral Arguments Complete at Supreme Court

Hungar would go on to say that the clear and convincing standard "makes no sense," which nearly immediately drew the first comment from the bench with Justice …
By Gene Quinn
9 years ago 32

A 1000 Page IDS? What’s At Stake in Microsoft v. i4i Case

It is impossible to know for sure, but it is reasonable to assume that the 1000+ page IDS Kappos referred to might be in response to what the …
By Gene Quinn
9 years ago 33

Supreme Court to Hear Microsoft v. i4i Arugment April 18, 2011

Today it is quite difficult to demonstrate that a patent claim issued by the United States Patent and Trademark Office is invalid and should not have been …
By Gene Quinn
9 years ago 178

Top 10 Patent, Innovation & IP Events of 2010

At this time of the year all typically sit back and reflect on the year that has been, spend time with family and friends, watch some football …
By Gene Quinn
9 years ago 9

On the Record with Mark Lemley: The Presumption of Validity

On Friday, September 17, 2010, I had the opportunity to chat with Professor Mark Lemley, who is the William H. Neukom Professor at Stanford Law School and partner in …
By Gene Quinn
9 years ago 15