Tag: USPTO
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...
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 challengin...
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 plaintiff...
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 t...
COVID-19’s Impacts on the USPTO’s Budget
It’s been reported that COVID-19 has had significant impacts on patent applicant filing behaviors. For example, one report shows that patent applications are now being abandoned at almost twic...
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 t...
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...
ITC Again Recommends Exclusion Based on a Patent Likely to be Found Invalid
International Trade Commission (ITC) Administrative Law Judge McNamara issued a Notice of Issuance of Initial Determination today, explaining that, based on a complaint from Qualcomm, she had found th...
Reports of Qualcomm’s Imminent Death Have Been Greatly Exaggerated
Last week, the first patent jury trial between Qualcomm and Apple concluded, with the jury deciding that Apple had infringed three Qualcomm patents and awarding Qualcomm damages. Outside of Qual...