There’s been a fair amount of discussion regarding Judge Newman’s dissent in last week’s Mobility Workx case. In Mobility Workx, a divided panel of the Federal Circuit rejected a variety of constitutional challenges to the Patent Trial and Appeal Board (PTAB). Judges Dyk and Schall, in the majority, found no merit in the due process…
Blog Posts
Leahy and Cornyn Introduce Bill To Restore The America Invents Act
by Josh Landau •
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…
Fixing The ITC: Bipartisan Advancing America’s Interests Act Reintroduced
by Josh Landau •
A little over a year ago, Reps. DelBene (D-WA) and Schweikert (R-AZ) introduced the Advancing America’s Interests Act (AAIA). Unfortunately, no action was taken on it in the previous Congress. But last week, Reps. DelBene and Schweikert reintroduced the legislation. Hopefully it receives more attention and support in the current Congress.
Federal Circuit to Judge Albright: You Get An F
by Josh Landau •
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
by patentprogress.org •
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,…
Patent Quality Week: Public Interest Patents, The AIA At Ten, And More
by Josh Landau •
This week marks the first annual Patent Quality Week. Low quality patents can have huge negative impacts on business sectors from Main Street retailers to Silicon Valley startups, and everywhere in between. Coordinated by Engine, a policy advocate for startups, Patent Quality Week includes a number of events focused on patent quality and how it…
The ITC In 2020: Anything But Typical
by Josh Landau •
With the American republic having just had its 245th birthday, let’s take a look at an agency that’s charged with regulating trade with foreign countries, encouraging American industries, and protecting American labor. I’ve previously criticized the International Trade Commission (ITC) for having gone from being a trade court protecting U.S. domestic industry to being a…
Arthrex Is Here—What Will It Mean?
by Josh Landau •
Yesterday, the Supreme Court handed down its much-awaited decision—at least, much-awaited by people who care about patents and the Patent Trial and Appeal Board (PTAB)—in the consolidated U.S. v Arthrex, Arthrex v. Smith & Nephew, and Smith & Nephew v. Arthrex cases. And while the multiple parties and multiple opinions might look complicated, it’s actually…
Moving The USPTO From Red To Black
by Josh Landau •
IBM is famous for obtaining a lot of patents. Year after year, they’re the top recipient of U.S. patents (or, once in a while, in second place when you account for related entities.) But they’re also infamous among patent practitioners for abandoning a lot of patents after they issue. Like, a lot of patents. IBM…
Despite Patentee Protestations, It Isn’t Expertise That’s Bringing Plaintiffs to Waco
by Josh Landau •
The meteoric rise of the Waco Division’s patent caseload is widely understood to be due to plaintiff-friendly policies on scheduling, transfer, and motions to dismiss. But recently, some patentees have taken a different tack. They’ve claimed that the reason cases are headed there is because litigants want to take advantage of Judge Albright’s experience as…