Post Grant Review
Acting Director Stewart Issues a One Page Decision Denying Institution
In the MediaTek v. Daedalus IPRs, there's been some developments. In one IPR, the PTAB instituted the challenge over a request from the patent owner for discretionary denial. The APJs carefully went...
Following Fintiv Reinstatement, the ITC Should Emphasize Patent Validity Review
In recent weeks the USPTO has continued to undermine its own review processes at the Patent Trial and Appeal Board (PTAB)––from voiding former Director Kathi Vidal’s guidance that limited the Fi...
New, Illegal, Guidance Means More Arbitrary Denials, Less Accountability at USPTO
Last week, Acting USPTO Director Coke Morgan Stewart accelerated the agency’s recent backslide on policies governing the Patent Trial and Appeal Board (PTAB) by issuing an “interim process” that...
To Reverse The Progress: The Restoration of Fintiv
In 2022, USPTO Director Kathi Vidal released a guidance memo titled “Interim Procedure for Discretionary Denials in AIA Post-Grant Proceedings with Parallel District Court Litigation.” The m...
John Squires Nominated as Next USPTO Director
On March 10th, President Trump officially nominated John Squires as his next USPTO Director, according to a notice on Congress.gov and as widely reported today. Squires, whose nomination is now referr...
Patent Dispute Report: 2024 in Review
This post initially appeared on Unified Patents’ News and Views Blog. More analysis is available here.
Patent litigation made a comeback in 2024. Meanwhile, in Europe, non-practicing entities (NP...
The PREVAIL Act Would Perpetuate Unjust Monopolies, Deter Innovation, and Violate the Founders’ Patent Principles
The Federalist Society on its website quotes former President Ronald Reagan as saying “The Federalist Society is … returning the values and concepts of law as our founders understood them to schol...
PERA and PREVAIL Markup Delayed, Again
During a Senate Judiciary Committee executive business meeting on November 14th, cosponsors of two controversial bills – the Patent Eligibility Restoration Act (PERA) and the Promoting and Respectin...
The Inherent Illogic of Discretionary Denials
As the Senate Judiciary Committee gets ready to consider PREVAIL, which would restrict access to inter partes review, a decision out of the PTAB illustrates why PREVAIL is unneeded.
Earlier this mo...