Tag Archive for America Invents Act

Arthrex Is Here—What Will It Mean?

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…

Senator Leahy to Take Chair of IP Subcommittee

I’ve been informed that, contrary to what many expected, Senator Leahy will be taking over the Chair of the Senate Judiciary Subcommittee on Intellectual Property, with Senator Coons moving to a newly reconstituted Privacy, Technology, and the Law Subcommittee. Senator Leahy was one of the authors of the 2011 America Invents Act (AIA), and may…

PTAB Will Continue To Double-Check Its Work—All Of It

Today, the Supreme Court issued two opinions in cases focused on the inter partes review (IPR) procedure.  First, in Oil States v. Greene’s Energy Group, the Court upheld the constitutionality of IPR by a 7-2 vote.  Second, in a more narrowly divided 5-4 decision in SAS v. Matal, the Court decided that the PTAB’s practice…

The Patent Examination Process Shouldn’t Be An Oversight

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…

Like A Horror Movie Villain, The STRONGER Patents Act Returns

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…