The U.S. Court of Appeals for the Federal Circuit, commonly referred to as ‘the Federal Circuit.’ The appellate court that has exclusive jurisdiction over patent appeals from district courts as well as the USPTO. The Federal Circuit was established in 1982 to regularize patent law across the country but has often been criticized for what many perceive as an applicant/patentee friendly bias — especially during its first two decades when its decisions were rarely reviewed by the Supreme Court. (Also, “Fed Cir”)
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Much Ado About Injunctions: Redux
Patent policy debates have raged since 2006 when the Supreme Court decided eBay Inc. v. MercExchange, L.L.C., 547 U.S. 388 (2006). Critics of eBay frequently cite the decision as having effectively en...
Tuesday Markup of Litigation Funding Legislation
Although John Squires is busy destroying the PTAB—as of last week, he has now gone 0 for 34 on allowing institution of IPR petitions he reviews—the story in Congress is more positive. Tomorrow, t...
Step 1: Destroy IPR. Step 2: ??? Step 3: Profit.
Last week, the USPTO issued a Notice of Proposed Rulemaking (NPRM) containing major changes to the institution process for inter partes review. Combined with other changes made by the USPTO, inc...