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Proposed Multiple Petition Reforms Far Exceed the Problem’s Scope

When the U.S. Patent and Trademark Office (USPTO) released its Advance Notice of Proposed Rulemaking (ANPRM) related to America Invents Act trial proceedings in April, the agency noted that it is “c...

USPTO Should Conduct Expedited Reviews for Discretionarily Denied PTAB Petitions

The USPTO's invalidation of both patents involved in the ongoing legal battle between Intel and VLSI is the most recent development in a long and contentious debate among those who watch Patent Trial ...

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...

Reintroduction of Advancing America’s Interests Act is a Welcome Development for Innovators

Last week, Representative David Schweikert (AZ-01) and Don Beyer (VA-08) introduced the Advancing America’s Interests Act (AAIA). If passed, this legislation would help prevent the U.S. Internationa...

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...

Judge Connolly Continues to Push on Funding Transparency

Following an April 2022 standing order that mandated parties appearing in his court adhere to third-party funding disclosure requirements and an eye-popping November 2022 memorandum detailing “poten...

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