Tag Archive for USPTO

Misleading Stats Lead To Misleading Testimony In Front Of Congress

Yesterday afternoon, the House Judiciary Committee’s Subcommittee on Courts, Intellectual Property, and the Internet held a hearing on “Sovereign Immunity and the Intellectual Property System.”  A fascinating topic, and one I’ve written on right here in the past.  [1] [2] But I was struck by some testimony given by Philip Johnson, testimony he stood by…

IPR Successes: The Next Five Years

Over the past month, I’ve shown just how successful the inter partes review (IPR) program has been in its first five years.  IPR has saved billions of dollars and helped everyone from city governments to realtors to the targets of patent trolls funded by foreign countries.  Those stories are listed below: IPR Successes: Trolls and…

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,…

Andrei Iancu Nominated For PTO Director

On Friday, the Trump Administration nominated Andrei Iancu to be the next Director of the USPTO. Mr. Iancu has extensive experience in patent litigation.  This includes work on behalf of both patent owners, representing TiVo against a variety of companies, as well as defendants, including representing B/E Aerospace in litigation over aircraft toilet patents.  He…

It’s The End Of The Podcast Patent And We Know It

In eagerly awaited news, the Federal Circuit affirmed the Patent Trial and Appeals Board (PTAB) determination that Personal Audio’s U.S. Pat. No. 8,112,504 is invalid based on an inter partes review petition from the Electronic Frontier Foundation (EFF). That’s right.  The podcast patent is dead.  And I feel fine. Stand(ing) Setting aside the merits of…

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…

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…

IPR Statistics – Success Is Sector Specific

Yesterday, I published an extensive analysis of Senator Coons’ STRONGER Patents Act.  As I said then, the bill would neuter the IPR process, removing any real reason to ever pursue one (assuming you could even file one after the changes to the estoppel, real party in interest, and standing provisions.) One of the reasons I’ve…