Posts
Reps. DelBene and Schweikert Introduce Important Bipartisan ITC Reform Bill
Last week, Representative Suzan DelBene (D-WA) and Representative David Schweikert (R-AZ) introduced a bipartisan bill that would return the International Trade Commission (ITC) to a focus on its miss...
We Must Protect Access to Vital Telemedicine Services
Seniors have been taking advantage of telemedicine services, often accessed via their smartphones, tablets or laptops, for some time now. But the coronavirus has put that trend into overdrive, as more...
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...
Federal Circuit Holds That PTAB Should Consider § 101 When Reviewing Proposed Amended Claims
In today’s Uniloc v. Hulu decision, the Federal Circuit held that the PTAB is permitted to consider all issues of patentability, including § 101 (and presumably including § 112), when a patent own...
New Federal Circuit Appeal Claims PTAB Unconstitutional Because Of Fee Funding—But Ignores The Patent Examination Process
In a recently filed brief in the Federal Circuit case New Vision Gaming v. SG Gaming, the appellant argues that the PTAB is unconstitutional because the fees charged for the proceeding create a bias t...
Counterproductive Patent Incentives
Earlier this year, a pair of economists, Jay Bhattacharya and Mikko Packalen, published a research paper proposing an explanation for why scientific progress appears to have slowed. Their theory...
New Report Confirms IPR Has Had Significant Positive Impacts On U.S. Industry
A recent report, prepared by economists at the Perryman Group, confirms what has long been stated to be the case—inter partes review (IPR) has positively impacted the U.S. economy.
In...
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...