Tag Archive for director iancu

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Patent and Trademark Office’s precedential opinions on discretionary denial are the subject of significant attention—a withdrawn attempt by the Trump Administration to codify discretionary denial as a rule, a request for comments on rulemaking by the Office, and a challenge to the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

Thryv, the PTAB, and the APA

April’s Thryv decision by the Supreme Court clarified the nonappealability of institution decisions in inter partes review (IPR).  But by placing an absolute bar on appeal of institution decisions, Thryv effectively insulated the PTO’s choice of institution rules from appeal.  That’s not a good situation, and it’s one which the Director should actively seek to…

CyWee, ZTE, and the PTAB v. the Public Interest

In an order issued this week in IPR2019-00143, a panel of PTAB judges decided that the public has no interest in ensuring that only valid patent claims issue from the Patent Office. That’s not an exaggeration—if anything, it understates the case.  In fact, the PTAB order states that “the public is generally likely to benefit…

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…