Entries by PatentAttorney.com

FY 2017-2019 Joint Strategic Plan on Intellectual Property Enforcement

On Monday, December 12, 2016, the White House’s Office of the Intellectual Property Enforcement Coordinator (IPEC) released a joint strategic plan for intellectual property enforcement, entitled “Supporting Innovation, Creativity, & Enterprise: Charting a Path Ahead.” The coordinated approach, mandated by Title III of the Prioritizing Resources and Organization for Intellectual Property Act of 2008 (PRO-IP […]

Federal Trade Commission Releases New Report on PAEs

The Federal Trade Commission has released a long-awaited report on “patent assertion entities” (PAEs). As defined by the FTC, a “patent assertion entity” is a company that, as a primary business function, acquires patents from third parties and seeks to generate revenue by asserting them against accused infringers. These firms typically generate revenue by licensing […]

Patents for Humanity – The perfect blend of social consciousness, technology, and incentives to create

n 2012, the Patents for Humanity initiative was started to encourage innovations and solutions to the numerous challenges of global development such as infrastructure, energy, and medicine to name a few. Under the program a potential applicant can submit an application to the USPTO and upon approval the applicant may be given an acceleration certificate […]

Fed Circuit swings the pendulum towards eligibility and away from abstraction

In 2012 when Enfish sued Microsoft the District Court for the Central District of California found all claims invalid because they were directed to the abstract idea of “storing, organizing, and retrieving memory in a logical table” or “the concept of organizing information using tabular formats.” On appeal, Judge Todd Hughes of the United States […]

PTAB Designates Five Precedential Opinions aimed at establishing workable body of law

In a desperately needed release on Tuesday May 10th 2016 the USPTO designated five PTAB opinions as precedential in a laudable effort aimed at establishing a workable body of law for post grant proceedings. Per Standard Operating Procedure 2 (Revision 9) “a precedential opinion is binding authority in subsequent matters involving similar facts or issues.” […]

Termination of an OED Disciplinary Proceeding: How a SOL Defense may be Properly Construed

  Steve Lipman – Guest Author of PatentAttorney.com Steve Lipman has practiced for more than 40 years in intellectual property litigation, acquisition, and counseling in DC, VA, NY, and BOS.  Steve began in the Federal Government with the USPTO and then in private practice as an equity partner in four law firms. He has served […]

USPTO Design Day 2016

On April 19, 2016, the United States Patent and Trademark Office (“USPTO”) hosted the 10th annual Design Day, a day-long seminar covering updates and developments in the design patent world.  The free event was well attended, drawing practitioners and designers from throughout the country and even internationally, in addition to a number of patent examiners […]

HOW CONGRESS MADE THE USPTO INFALLIBLE AND HOW THAT AGENCY SEIZED EVEN MORE POWER BY ITS “RULE MAKING AUTHORITY”

The Supreme Court of the United States is set to hear oral argument in Cuozzo Speed Technologies, LLC v. Lee on April 25, 2016. The landmark case is the first opportunity The Supreme Court will have to weigh in on the constitutionality of the non-appealable provisions of the America Invents Act and the USPTO’s use […]

Patent Troll Insurance Companies: A Wolf in Sheep’s Clothing?

Patent Assertion Entities (PAEs, a subset of non-practicing entities commonly referred to as “patent trolls”) are generally defined as entities that generate revenue by monetizing intellectual property rights without commercializing any product or service. In other words, PAEs exploit their patent portfolio through the negotiation of licenses and litigation rather than through the development and […]