Tag: PTAB

AG Mukasey Winning WSJ Debate Over Fintiv Denials

The recent back-and-forth in the Wall Street Journal between former Attorney General Michael Mukasey and former Federal Circuit Chief Judge Paul Michel is telling about the state of the debate over PT...

Fintiv: More Work, Less Quality

When the Patent Trial and Appeal Board (PTAB or “Board”) first decided the IPR that led to the Fintiv rule, it justified its decision on the basis of “balanc[ing] considerations such as system e...

Arthrex, Mobility Workx, and Director Review at Institution

There’s been a fair amount of discussion regarding Judge Newman’s dissent in last week’s Mobility Workx case.  In Mobility Workx, a divided panel of the Federal Circuit rejected a variety o...

Leahy and Cornyn Introduce Bill To Restore The America Invents Act

Yesterday, Senate Judiciary IP Subcommittee Chair Sen. Leahy (D-VT) and committee member Sen. Cornyn (R-TX) introduced the Restoring the America Invents Act (RAIA).  RAIA would roll back changes ...

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 A...

Appropriateness Of APJ Appointments To Be Argued Monday In Arthrex

On Monday, the Supreme Court will hear oral argument in U.S. v. Arthrex (also referred to as Arthrex v. Smith & Nephew, one of the consolidated cases at issue).  The appeal, which will addres...

Cert Granted in Arthrex Case On PTAB Appointments

This week, the Supreme Court granted certiorari in a set of related cases between Arthrex and Smith & Nephew, as well as the federal government.  The cases revolve around one fundamental ques...

Comments Emphasize Flaws In PTO Proposal To Remove Pre-Institution Presumption

Recently, the Patent and Trademark Office (PTO) proposed a concerning new rule.  It would create serious due process problems, violate the Administrative Procedure Act (APA) by changing an agency...

New Federal Circuit Appeal Claims PTAB Unconstitutional Because Of Fee Funding—But Ignores The Patent Examination Process

In a recently filed brief in the Federal Circuit case New Vision Gaming v. SG Gaming, the appellant argues that the PTAB is unconstitutional because the fees charged for the proceeding create a bias t...

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