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.” […]
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 […]
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 […]
In B&B Hardware v. Hargis Industries, the U.S. Supreme Court held that a decision from the Trademark Trial and Appeal Board (TTAB) can prevent a district court from re-judging issues that have already been decided by the TTAB’s decision, if the “ordinary elements” of issue preclusion are met. This is despite the fact that the […]