Tag: USPTO
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...
Incremental Progress on Valve
In March, U.S. Patent and Trademark Office Director Kathi Vidal vacated earlier Patent Trial and Appeal Board (PTAB) decisions that denied patent validity challenges brought by Honda Motor Co., Genera...
USPTO Guidance on AI is a Good Start
AI is catalyzing a sea change across our economy, particularly as it relates to innovation. It is critical that our laws and institutions keep pace with this rapid transformation. Fortunately, patent ...
Proposed Multiple Petition Reforms Far Exceed the Problem’s Scope
When the U.S. Patent and Trademark Office (USPTO) released its Advance Notice of Proposed Rulemaking (ANPRM) related to America Invents Act trial proceedings in April, the agency noted that it is “c...
USPTO Should Conduct Expedited Reviews for Discretionarily Denied PTAB Petitions
The USPTO's invalidation of both patents involved in the ongoing legal battle between Intel and VLSI is the most recent development in a long and contentious debate among those who watch Patent Trial ...
New Patent Office Proposals Will Backfire on Small Businesses
When my business was sued for patent infringement, I was caught off guard. In my case, we happened to be the target of a baseless lawsuit from a larger competitor, but for many businesses in a similar...
ANPRM’s Ex Parte Reexamination Proposals are Deeply Flawed
The U.S Patent and Trademark Office’s (USPTO) Advance Notice of Proposed Rulemaking (ANPRM) has spurred a range of commentary and criticism—mostly the latter—from current and former members of C...
USPTO’s ANPRM Has Major Problems
Throughout my 26 years in Congress, including three terms as Chairman of the House Judiciary Committee, there was a clear need to strengthen our patent system in order to protect the rights of innovat...
USPTO Invalidates VLSI Patent—So Why Didn’t They Review It The First Time?
Earlier today, the USPTO issued its final written decision in IPR2021-01064. The final written decision found that all challenged claims in VLSI's patent were in fact invalid.
So what makes t...