Much Ado About Injunctions

It’s become an article of faith among those complaining that patent reform has gone too far that the 2006 eBay case must be overturned—but that assertion doesn't appear to be backed up by the facts.

Read more →

Granted In 19 Hours

Patent examiners have an extremely hard job.  They’re given a patent application—which could be anywhere from a page long up to hundreds of pages, with patent claims ranging from a…

Read more →

Latest Blog Post

Comments Emphasize Flaws In PTO Proposal To Remove Pre-Institution Presumption

Recently, the Patent and Trademark Office (PTO) proposed a concerning new rule.  It would create serious due process problems, violate the Administrative Procedure Act (APA) by changing an agency position without justification, increase the cost of inter partes review (IPR), and make it harder to invalidate bad patents in IPR.  

Given all these problems, it shouldn’t be any surprise that most serious commenters—even from the life sciences industries—think the proposed rule is a bad idea.  (CCIA, among others, filed comments explaining many of these flaws.)

Recent posts

New Federal Circuit Appeal Claims PTAB Unconstitutional Because Of Fee Funding—But Ignores The Patent Examination Process

In a recently filed brief in the Federal Circuit case New Vision Gaming v. SG Gaming, the appellant argues that the PTAB is unconstitutional because the fees charged for the proceeding create a bias towards institution.  Specifically, New Vision Gaming claims that PTAB judges stand to benefit from institution and therefore it’s a violation of…

Counterproductive Patent Incentives

Earlier this year, a pair of economists, Jay Bhattacharya and Mikko Packalen, published a research paper proposing an explanation for why scientific progress appears to have slowed.  Their theory?  An overemphasis on citation count, h-index, and similar metrics for scientists incentivizes them to pursue safe, late-stage research, not the scientific exploration needed to create the…