Tag Archive for USPTO

Covered Business Method Review and Thryv

On Monday, the Supreme Court granted, vacated, and remanded (GVRed) the Federal Circuit’s decision in Emerson Electric v. SIPCO in light of this year’s Thryv decision.  Emerson was challenging the Federal Circuit’s overturning of the USPTO’s determination that the SIPCO patent was eligible for review under the covered business method (CBM) program. With the Court’s…

Meet the Western District of Texas—NPEs Certainly Have

For years, the Eastern District of Texas was the favored stomping ground for patent trolls.  Short times from filing to trial, shorter trials, judges with local rules friendly to patent plaintiffs, and a jury pool that tended to be friendly to plaintiffs all contributed to this.  It probably didn’t hurt that Eastern District judges were…

PTO Patent Licensing Marketplace Shows Potential, But Will Licensors Embrace It?

This month, the PTO announced that it would be opening up an online licensing market, “Patents 4 Partnerships.”  The market, which will initially focus on COVID-related patents, is intended to provide a centralized and easily accessible database of U.S. patents and published patent applications that have been voluntarily made available for licensing. There’s a number…

Patents That Just. Keep. Going.

Recently, a set of more than a dozen lawsuits was filed by an NPE.  That wouldn’t really be news, most of the time—NPEs filed nearly 2,000 patent lawsuits in 2019.  But there’s a few things that are a little different about this case. First and foremost, the patent goes back to a patent application filed…

USPTO, DoJ, and NIST Issue FRAND/SEP Policy Statement

Last week, the U.S. Patent and Trademark Office, U.S. Department of Justice, and National Institute of Standards and Technology issued a joint statement on standard-essential patents (SEPs).  The statement clarifies the agencies’ position on an earlier 2013 statement made by USPTO and DoJ while completing the process of formally withdrawing from that statement. In essence,…

As USPTO Oversight Hearing Approaches, Some Questions On Eligibility

United States Patent and Trademark Office (USPTO) Director Andrei Iancu will testify in front of the Senate Judiciary Committee Subcommittee on Intellectual Property on Wednesday as the sole witness in a USPTO oversight hearing.  The chair of the Subcommittee, Sen. Tillis (R-NC), and the ranking member, Sen. Coons (D-DE), have both expressed an active interest…