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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COVID-19’s Impacts on the USPTO’s Budget

It’s been reported that COVID-19 has had significant impacts on patent applicant filing behaviors.  For example, one report shows that patent applications are now being abandoned at almost twice the normal rates.  There are also anecdotal reports of lowered filing rates.

Private businesses are suffering from reductions in demand, and as a user fee-funded agency, the USPTO suffers similarly from reductions in use of its services.  But certain choices the USPTO has made will exacerbate the impacts of COVID-19 on the Patent Office—in particular, its choice to defer the majority of its fee collection to issue and maintenance fees.

Recent posts

A Follow-up on CyWee and ZTE v. LG and the Public

A few weeks ago, I covered a PTAB case that illustrates why the PTO’s proposed rule on who bears the burden on amended claims in IPRs is fatally flawed.  In that case, ZTE challenged a CyWee patent and LG joined the ZTE petition.  But CyWee filed an amended claim that ZTE wasn’t concerned by. ZTE…

Patents in the Time of Coronavirus

Most of the time, the patents I cover involve investment in technology and who gets how much money.  Innovation is important, but the patent lawsuits I write about usually don’t directly threaten public health and welfare. Usually.  Today’s a little different. Earlier this week, Mike Masnick at Techdirt reported on what might be the single…

CyWee, ZTE, and the PTAB v. the Public Interest

In an order issued this week in IPR2019-00143, a panel of PTAB judges decided that the public has no interest in ensuring that only valid patent claims issue from the Patent Office. That’s not an exaggeration—if anything, it understates the case.  In fact, the PTAB order states that “the public is generally likely to benefit…

It’s Time For The ITC To Recognize Smartphones Impact Public Welfare

Another day, another patent troll filing an ITC complaint.  In this case, Neodron—an Irish NPE—is trying to block the sale of products made by three prominent American tech companies: Amazon, Apple, and Microsoft.  This isn’t Neodron’s first ITC case, and it remains a travesty that the ITC continues to allow foreign non-practicing entities to use…