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 […]

Don’t Sell This IPR Strategy Short

Recognized for his business acumen when predicting the 2008 subprime mortgage crisis, hedge fund manager J. Kyle Bass is now attempting to capitalize on the pro-petitioner tendencies of the Patent Trial and Appeal Board (PTAB), notoriously dubbed the patent “death squad.” Earlier this year, Bass founded the Coalition for Affordable Drugs to target patents that […]

The Supreme Court rules that patent licensing beyond its terms is anti-competitive

In, Kimble v. Marvel, The Supreme Court considered anti-competitive concerns to patent licensing contracts beyond the term of a patent. Stated another way the case is about post-expiration patent royalties. The US has had a longstanding ban on such royalties, as a result of the holding in Brulotte v. Thys Co., that identified them as […]