The Congress shall have Power … To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries
– U.S. Constitution

Newly Released GAO Report Shows Previous Leadership’s Improper Influence on PTAB and Need for Improved Transparency  

Many in the IP world suspected improper influence at the U.S. Patent and Trademark Office (USPTO) under former Director Andrew Iancu, previously a partner at a firm with a long history of representing non-practicing entities (NPEs). But a new final ...

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In WDTX, the Numbers Tell the Story

If there was ever any doubt that Judge Alan Albright’s courtroom in Waco, Texas was a favorable venue for patent trolls, we can now put that notion to rest. The proof is in the numbers.  For...

State Attorneys General Raise Concerns About Threats Posed by Litigation Funding

In November, I wrote about the opportunity for Congress to find common ground on transparency issues, including bringing greater transparency to the third-party litigation funding (TPLF) industry. TPL...

Even Avanci’s Supporters Don’t Defend its Litigation Funding Scheme

In July 2020, the U.S. Department of Justice’s Antitrust Division issued a business review letter (BRL) addressing Avanci LLC’s proposed pool pursuant to which it would “license patent claims th...

60 Minutes Puts Spotlight on Litigation Funders

On Sunday, 60 Minutes aired a segment titled: Litigation Funding: A multibillion-dollar industry for investments in lawsuits with little oversight.  During the piece, Lesley Stahl spoke with a bus...
Guest Post

A Solution to the OpenSky Problem

I have written several times about the $2.2 billion verdict in the VLSI v. Intel case.  The case is extraordinary not just because of the size of the verdict, but because Intel was blocked from challenging the patents by the Fintiv policy—and the patents are clearly invalid.   (more…)

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Patent Decisions FromUnited States Court of Appeals for the Federal Circuit Updates

PublishedFebruary 3, 2023 | 3:00 pm 20-1140: TRANSTEX INC. v. VIDAL [OPINION], Nonprecedential

Origin: PTO

PublishedFebruary 2, 2023 | 2:20 pm 21-2322: In Re WINGEN LLC [OPINION], Nonprecedential

Origin: PTO

PublishedFebruary 1, 2023 | 3:20 pm 23-101: In Re GOOGLE LLC [ORDER], Precedential

Origin: RIT

PublishedJanuary 31, 2023 | 7:00 pm 23-1350: AKCIME v. COCA-COLA COMPANY [ORDER], Nonprecedential

Origin: PTO

PublishedJanuary 31, 2023 | 2:40 pm 23-1159: LUMPKIN v. KIJAKAZI [ORDER], Nonprecedential

Origin: DCT

PublishedJanuary 31, 2023 | 2:20 pm 22-2219: JONES-BEY v. SIRIUS-EL [ORDER], Nonprecedential

Origin: DCT