On Wednesday, April 18, new USPTO Director Andrei Iancu appeared for his first oversight hearing in front of the Senate Judiciary Committee. The Director was more open with the Committee compared to his confirmation process, leading to some interesting discussions. Algorithms Are Already Patentable A number of questions focused on the issue of patentable subject…
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The Patent Examination Process Shouldn’t Be An Oversight
by Josh Landau • • 0 Comments
Director Iancu will be appearing for his first oversight hearing tomorrow, Wednesday, April 18. This follows on his recent speech at the Chamber of Commerce, at which he emphasized two areas of focus: Patent rights should be more predictable and the system should be more stable. When discussing the patent system, dialogue should be more…
What’s In A Name? At The Patent Office, Possibly More Than You Think
by Josh Landau • • 2 Comments
In an ideal world, patent examiners are perfect neutral arbiters. They find the best prior art and always make the right decision as to whether an idea is new and entitled to a patent. In this world, we wouldn’t need inter partes review or validity challenges in court—examiners would get it right the first time.…
Samsung Takes Over As The Largest Recipient Of U.S. Patents
by Josh Landau • • 0 Comments
According to recently released data from IAM/ktMine, Samsung is now the largest recipient of active U.S. patents in the world.1 IBM, Canon, Microsoft, and Intel round out the top 5. Recently granted Samsung patents range from OLED display technology to stacked semiconductor memory to improved RF communication techniques to biometric security on devices. (They also…
April Madness Is Here
by Josh Landau • • 1 Comment
March Madness is over, with the Big Ten not taking home a championship. (A sad day for Michigan fans like me.) But that’s okay—in April, the Big Ten Network has plenty to keep busy with. Baseball, softball, tennis, track and field, rowing… And patent lawsuits. At-Home Broadcasting About a decade ago, the Big Ten created…
Why Is The ITC Instituting Investigations On Expiring Patents?
by Josh Landau • • 1 Comment
Yesterday, the ITC published the Federal Register notice of the initial determination of an ITC administrative law judge (ALJ). The ALJ determined that the investigation, instituted in January based on a complaint filed last year, shouldn’t go further forward and terminated the case for good cause. I’m going to totally set aside the merits of…
Fee-Setting Reauthorization Bill Introduced In Senate
by Josh Landau • • 1 Comment
Senator Coons has long been interested in strengthening patents. While some of his efforts, like the STRONGER Patents Act, would actually harm the U.S.’s innovation economy by strengthening patents at the expense of innovation, his latest bill is different. Last week, Senator Coons (along with Senator Hatch) introduced the Building Innovation Growth through Data for…
Courts Will Swipe Left On Tinder’s Suit Against Bumble
by Josh Landau • • 1 Comment
Tinder swiped right on a lawsuit against Bumble last week, but their lawsuit has more than just surface flaws. Tinder’s lawsuit alleges a number of forms of intellectual property violations—but basically, it comes down to claiming that they own the idea and the design of swiping, especially for a dating app. A Brief History Of…
Like A Horror Movie Villain, The STRONGER Patents Act Returns
by Josh Landau • • 3 Comments
Since the STRONGER Patents Act was introduced last year, it’s basically been a dead topic. Maybe that’s because the bill would gut the extremely successful inter partes review procedure and overturn more than a decade of Supreme Court precedent, crippling the ability of small and medium enterprises to develop products without fear. It would even make…
“The Same Or Substantially The Same Prior Art Or Arguments”
by Josh Landau • • 1 Comment
Director Andrei Iancu has been making the rounds since his confirmation. In a recent interview, he suggested that “[t]here is, for sure, a perception problem in the IP community with the PTAB” and that “when you have a perception problem you have a real problem in the sense that if the IP community loses faith…