Blog Posts

Comments on USPTO’s Newest Regulation Overall Oppose Discretionary Denial Rules

The USPTO is considering whether to enshrine discretionary denial of inter partes review cases into regulation.  Last week, comments were due on the most recent portion of this process.  (CCIA’s comments criticizing the current General Plastic, Valve, NHK Spring, and Fintiv precedential opinions, and explaining why they should not be converted into rules, can be…

Changes Reducing IPR Institution Rate Have Increased Litigation Frequency and Cost

graph showing close correlation between cost of NPE litigation and increases in procedural denials of IPR

The U.S. Patent and Trademark Office’s precedential opinions on discretionary denial are the subject of significant attention—a withdrawn attempt by the Trump Administration to codify discretionary denial as a rule, a request for comments on rulemaking by the Office, and a challenge to the practice of discretionary denial as illegal under the Administrative Procedure Act.…

Trouble In Plaintiff’s Paradise?

There are signs that, despite Judge Albright’s best efforts, the rest of the world might not support turning the Western District of Texas into another NPE haven like the Eastern District in its glory days.  After Judge Albright’s efforts to make sure Waco was “open for business for patent cases”, NPEs flocked to the Waco…

Cert Granted in Arthrex Case On PTAB Appointments

This week, the Supreme Court granted certiorari in a set of related cases between Arthrex and Smith & Nephew, as well as the federal government.  The cases revolve around one fundamental question: are judges of the Patent Trial and Appeal Board (PTAB) principal officers of the United States?  That question controls the constitutionality of their…

Guest Post: FRAND, RAND, & the Problem at Hand: Increasing Certainty in Infringement Damages for Standard-Essential Patents

This article was written by guest author Sam Howard, a 3L at Boston University School of Law and the winner of the 2019-2020 Patent Progress Writing Competition. The article is a shortened version of his full contest entry, which will be published in the Boston University Journal of Science and Technology Law in 2021, and…

Paycheck Protection Recipients Among NPE Targets

The Paycheck Protection Program (PPP) is a federal business lending program established by the 2020 CARES Act, intended to help small businesses retain jobs during the pandemic.  In order to receive funds, companies applied and explained how many jobs they would save with the money they received.  All of that data is publicly available. Cross-referencing…

Reps. DelBene and Schweikert Introduce Important Bipartisan ITC Reform Bill

Last week, Representative Suzan DelBene (D-WA) and Representative David Schweikert (R-AZ) introduced a bipartisan bill that would return the International Trade Commission (ITC) to a focus on its mission of protecting American industry from unfair foreign competition.  H.R. 8037, the “Advancing America’s Interests Act” (AAIA), would reform both the domestic industry and public interest inquiries…