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fromPatently-O
3 days ago

Love Letters Gone Wrong: Federal Circuit's First AIA Derivation Appeal Hinges on Valentine's Day Emails

Derivation proceedings remain narrow, rare exceptions to first-to-file; AIA requires proof of derivation and prior conception but abandons first-to-invent inquiries.
fromIPWatchdog.com | Patents & Intellectual Property Law
1 week ago

Fallacy Dispelled: Invalidation Rates of Adjudicated Patents Convey Nothing About Quality of All Issued Patents

Any suggestion that USPTO patent examination quality is a controlling factor in the high rate of patent invalidation in the district courts and at the PTAB is a fallacy that should be rejected and excised with prejudice from all discourse on USPTO examination quality. About half of the patents adjudicated in district courts and at the Patent Trial and Appeal Board (PTAB) are found invalid.
Intellectual property law
#patent-law
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US politics
fromPatently-O
3 weeks ago

Exception Meets Exception: The Federal Circuit's Collateral Estoppel Morass

Federal Circuit's ruling restricts collateral estoppel from PTAB unpatentability findings.
#ipr
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#uspto
fromPatently-O
1 month ago
Intellectual property law

Timing is Everything: PTAB's Renewed Reliance on Litigation Timelines and Patent Longevity

fromPatently-O
3 months ago
Intellectual property law

An IDS is Now the Best Defense Against IPRs: Ecto World v. RAI

USPTO Director establishes IDS-cited art as grounds for discretionary denial, with exceptions for 'mega-IDSs'.
PTAB practice shifts toward a more patent-owner friendly stance.
fromPatently-O
4 months ago
Intellectual property law

Privies, Prior Art, and Procedure: Stewart's Triple Rebuke of PTAB in favor of Patentees

The vacating of semiconductor patents by USPTO Director signifies a shift in privity issue handling, beneficial for patentees.
fromPatently-O
1 month ago
Intellectual property law

Timing is Everything: PTAB's Renewed Reliance on Litigation Timelines and Patent Longevity

Intellectual property law
fromPatently-O
4 months ago

Privies, Prior Art, and Procedure: Stewart's Triple Rebuke of PTAB in favor of Patentees

The vacating of semiconductor patents by USPTO Director signifies a shift in privity issue handling, beneficial for patentees.
more#uspto
#patent-quality
more#patent-quality
fromPatently-O
4 months ago

I Know I'm Going to Love a Brief That Repeatedly Cites Marbury v. Madison

The case Xerox v. Facebook raises questions about the PTAB's adherence to district court claim constructions, invoking judicial review's principles from Marbury v. Madison.
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