Tag: PTAB
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...
A Follow-up on CyWee and ZTE v. LG and the Public
A few weeks ago, I covered a PTAB case that illustrates why the PTO’s proposed rule on who bears the burden on amended claims in IPRs is fatally flawed. In that case, ZTE challenged a CyWee pa...
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...
Polaris Concurrence Explains Why Arthrex Was Wrong, But Signals Federal Circuit Won’t Fix It
Today’s Federal Circuit decision in Polaris v. Kingston had an unsurprising outcome—in line with last year’s Arthrex decision, the PTAB’s determination was remanded back to the PTO for review ...
Patent Links and Articles to Read by the Fire
With the holiday season upon us, there’s nothing better than to curl up by the fire with a hot cup of tea and a stack of patent-related articles. Here’s a few you might want to take a look a...
Nartron IPRs a Touchstone For Understanding PTAB Discretion
The Patent Trial and Appeal Board (PTAB) recently issued institution decisions in a number of petitions filed against U.S. Pat. No. 5,796,183, a touchscreen patent owned by Nartron. In the process o...
Christmas (Tree Patents) In July
It’s the week of the Fourth of July and that means that it’s time to talk about Christmas trees. Or at least about patents for creating an electric connection between different sections of a...
FTC Hearings #4: Patents, Intellectual Property, and Innovation
This post has been cross-posted to DisCo.
Last week, the FTC held the fourth in its set of hearings focusing on “Competition and Consumer Protection in the 21st Century.” The first day focused ...