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Post Grant Review

New Patent Office Proposals Will Backfire on Small Businesses

When my business was sued for patent infringement, I was caught off guard. In my case, we happened to be the target of a baseless lawsuit from a larger competitor, but for many businesses in a similar...

ANPRM’s Ex Parte Reexamination Proposals are Deeply Flawed

The U.S Patent and Trademark Office’s (USPTO) Advance Notice of Proposed Rulemaking (ANPRM) has spurred a range of commentary and criticism—mostly the latter—from current and former members of C...

USPTO’s ANPRM Has Major Problems

Throughout my 26 years in Congress, including three terms as Chairman of the House Judiciary Committee, there was a clear need to strengthen our patent system in order to protect the rights of innovat...

USPTO Invalidates VLSI Patent—So Why Didn’t They Review It The First Time?

Earlier today, the USPTO issued its final written decision in IPR2021-01064.  The final written decision found that all challenged claims in VLSI's patent were in fact invalid. So what makes t...

New Report Reaffirms Danger Patent Trolls Pose to Manufacturers, Small Businesses

People whose business models are threatened by strong post-grant review and improved patent quality continue to assert that non-practicing entities (NPEs) and the patent troll narrative is a myth or a...

The Fintiv Rule Heads Back to District Court

A ruling last week by the U.S. Court of Appeals for the Federal Circuit in Apple v. Vidal throws the future of the Patent and Trademark Office’s (PTO) controversial NHK-Fintiv rule into even greater...

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...

Boosting Economic Growth through Renewed Innovation

Recent economic news has been setting off alarm bells. Fears of inflation, along with lackluster economic growth, have raised concerns over the post-pandemic recovery. While policymakers appear to be ...

OpenSky’s Sanction and Continued VLSI Patent Review are Both Warranted

Over the past few weeks there have been major developments in the much-discussed dispute related to patents held by the non-practicing entity VLSI Technology. On Patent Progress we have previously wri...

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