Posts Tagged: presumption of validity
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 …
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 …
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 …
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 …
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. …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
