Posts Tagged: USPTO


How Misaligned Incentives Are Now Killing Us

Today, like so much of the rest of the world, the United States is faced with many shortages due to the coronavirus pandemic, including personal protective equipment, …
By Andrew Berks & Gene Quinn
6 days ago 18

The New U.S. Essential Patents Statement – Safeguarding the Integrity of the Patent System

In withdrawing the 2013 statement, the new 2019 guidance by the DOJ, NIST and the USPTO states the obvious, i.e. that there is no difference in the law …
By Robert Stoll
8 days ago 2

What Happens at The Board Does Not Stay at The Board: How Patent Owners Can Leverage IPR Proceedings in Litigation

Inter Partes Review (IPR) proceedings before the Patent Trial and Appeal Board (PTAB) often occur in parallel to district court cases. Patent owners whose patent rights survive …

Antitrust and Patents: A Conversation with Makan Delrahim

Last week, as a part of the Virtual Patent Masters™ Program hosted by IPWatchdog, I had the opportunity to interview Makan Delrahim, who is Assistant Attorney General …
By Gene Quinn
12 days ago 0

Facebook v. Windy City Settles It: The CAFC Does Not Care About the PTAB’s Opinions

The Supreme Court in SAS (SAS Institute Inc. v. Iancu) was quite clear that the Patent Trial and Appeal Board (PTAB or Board) has to follow the …
By Brad Close
13 days ago 11

PTAB Designates Two Opinions Precedential on Discretion to Grant or Deny IPRs

Yesterday, the USPTO Patent Trial and Appeal Board designated two opinions as precedential. In one case, Advanced Bionics, LLC v. MED-EL Elektromedizinische Geräte GmbH, the Board …
By Rebecca Tapscott
13 days ago 0

The IP Bar Weighs in on CAFC Denial of Arthrex Rehearing

Yesterday, the U.S. Court of Appeals for the Federal Circuit denied rehearing en banc in Arthrex v. Smith & Nephew. Five of the 12 Federal Circuit judges wrote …
By Eileen McDermott
14 days ago 3

Federal Circuit Will Not Reconsider Arthrex Appointment Clause Ruling

The U.S. Court of Appeals for the Federal Circuit has denied rehearing en banc in Arthrex v. Smith & Nephew, a decision that made the Patent Trial …

Navigating Court and USPTO Practices During the COVID-19 Crisis: Tips for Practitioners and Litigants

In the past week, the COVID-19 pandemic has led courts across the country to close buildings, postpone hearings, adjust filing rules, and revamp their typical approach to …

UPDATED: Global IP Offices Respond to COVID-19

We live in interesting times. No corner of professional or personal life seems untouched in at least some way by the latest coronavirus (named SARS-CoV-2) and the …
By Gene Quinn
20 days ago 1

Facebook v. Windy City: CAFC Strikes Down PTAB’s Approach to Joinder in IPRs

In Facebook v. Windy City Innovations, the U.S. Court of Appeals for the Federal Circuit earlier today ruled that the Patent Trial and Appeal Board (PTAB) …
By IPWatchdog
20 days ago 2

Patent Filings Roundup: Uptick Despite COVID-19, Theranos Patents Reemerge

With Coronavirus delaying prosecution, preventing courts from empaneling juries, and keeping attorneys home with the kids, you would think filings would have dropped; instead, we saw a …
By Jonathan Stroud
20 days ago 0

Masters Offer Hope for Patents Despite Current Challenges

Experts speaking during IPWatchdog’s Virtual Patent Masters Symposium yesterday expressed concern over the state of the U.S. patent system, but also offered a number of …
By IPWatchdog
21 days ago 6

Consumer 2.0 v. Tenant: CAFC Skirts Another 101 Analysis with Rule 36

Last week, the U.S. Court of Appeals for the Federal Circuit issued a Rule 36 judgment in a patent eligibility case, Consumer 2.0, Inc. v. Tenant Turner, Inc., …

Judge Paul Michel to Patent Masters Attendees: It’s Time to Wake Up to Preserve Our Patent System

Retired Chief Judge of the U.S. Court of Appeals for the Federal Circuit Paul Michel told registrants of IPWatchdog’s Virtual Patent Masters program taking place …
By Eileen McDermott
22 days ago 14