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.

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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…

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Leahy and Cornyn Introduce Bill To Restore The America Invents Act

Yesterday, Senate Judiciary IP Subcommittee Chair Sen. Leahy (D-VT) and committee member Sen. Cornyn (R-TX) introduced the Restoring the America Invents Act (RAIA).  RAIA would roll back changes introduced by former USPTO Director Andrei Iancu and by the courts, restoring the America Invents Act (AIA) to what it was always intended to be—a cost-effective alternative to litigation, providing a way to accurately determine whether a patent should have been issued in the first place.  These changes would protect innovators from the assertion of low quality patents and allow them to spend money on engineering, not lawyers.

RAIA addresses a number of aspects of the Patent Trial and Appeal Board (PTAB) and the inter partes (IPR) and post-grant review (PGR) programs.  This post explains how RAIA would implement an Arthrex fix, overturn Return Mail, expand eligible categories of prior art, eliminate the Fintiv doctrine, modify the time bars and estoppel provisions, add a statutory stay mechanism, affirmatively require decisions on multiple procedures, bar ex parte communications to PTAB panels, place the burden of proof of patentability for new claims on patent owners, set a firm final date for issuance of certificates modifying patents after appeal is complete, and enhance statutory standing provisions.  CCIA strongly supports this legislation.

Recent posts

Federal Circuit to Judge Albright: You Get An F

In yet another mandamus order directed to the Western District of Texas, the Federal Circuit has once again explained to Judge Albright that his analysis of transfer motions is incorrect and ordered him to send a case elsewhere.  It’s worth reading the entire order in In re Hulu, but if you don’t have time, I…

Guest Post: The Quality and Attributes of Patents as Property

David Jones is the Executive Director of the High Tech Inventors Alliance, an association that advocates for balanced reforms in the Patent and Trademark Office, the courts, and Congress that address the root causes of these problems while advancing a patent system that promotes investment in new technologies and American jobs. Over the past decade,…