Tag Archive for patent reform

IPR Successes: Cleaning Up Messes

APTWater makes water treatment systems that clean up polluted groundwater and wastewater.  You’ve probably never heard of APTWater.  I hadn’t, nor had a friend who lives near their headquarters and works on water issues. Of course, that didn’t stop a patent troll from suing APTWater over their wastewater treatment technology.   APTWater wasn’t the only one…

All My Excess (Venue) Leaving Texas

Yesterday afternoon, the Federal Circuit overturned the Eastern District of Texas’s test for venue.  Even after TC Heartland, patent trolls were trying to keep defendants in the Eastern District of Texas.  And in the first order issued by Judge Gilstrap, in a case called Raytheon v. Cray, it seemed like he was going to cooperate.…

IPR Successes: Trolls and Tolls

IPR Highway Sign

September marks the five-year anniversary of inter partes review (IPR), and Patent Progress is highlighting how successful the system has been at achieving its stated goals of increasing patent quality by providing a second look at invalid patents and decreasing costs by providing an efficient alternative to litigation.  Last week, I showed that, in those 5…

Inter Partes Review: Five Years, Over $2 Billion Saved

This Saturday, September 15, 2017, marks the five-year anniversary of the first filing of an inter partes review.  We’ve seen nearly 7,000 post-grant reviews filed since then, a Supreme Court case dealing with IPRs, and there are a pair of IPR Supreme Court cases up this term.  [Oil States] [SAS] Over the next few weeks,…

It’s The Claim Language—Except When It Isn’t

Last week, the Federal Circuit handed down a decision in Visual Memory v. NVIDIA, deciding that the Visual Memory1 cache patents are patent-eligible under § 101. Unfortunately, in doing so the Federal Circuit makes the same mistake they’ve made a few times now—they’ve looked at the specification, not the claims, in order to justify finding…

The PTO’s § 101 Summary Report

One of the most important developments over the past few years is the Supreme Court’s decision in Alice v. CLS Bank – a decision that articulated a distinction between patent-eligible inventions, and patent-ineligible abstract ideas.  The Alice decision has enabled many companies, including small businesses, to defend themselves from baseless patent infringement lawsuits based on…

Understanding The Questions Asked At The “Bad Patents” Hearing

The recent House Judiciary Subcommittee hearing on the Impact of Bad Patents on American Businesses addressed many of the points I made last week.  But it also highlighted a few issues where there’s some dispute or simply a lack of understanding. In particular, I think that the hearing’s focus on the (1) “broadest reasonable interpretation”…

Comments to the USPTO on AIA Trial Procedures

On July 6, the Computer and Communications Industry Association submitted comments on America Invents Act (AIA) trial procedures in response to the PTO’s ongoing request for such feedback, most recently at the PTAB Judicial Conference in June. Our comments, briefly summarized, are that: The inter partes review (IPR) procedure has been successful in providing an…

Bad Patents, Bad Results

Tomorrow morning, the House Judiciary Committee’s Subcommittee on Courts, Intellectual Property, and the Internet is holding a hearing on “The Impact of Bad Patents on American Businesses.”   The impact of bad patents is a topic worth taking some time to examine, because it isn’t just about the direct impact from abusive troll litigation—bad patents…