Posts in USPTO


PTAB’s Claim Construction Regarding Means-Plus-Function Limitation Was Erroneous

The Federal Circuit vacated and remanded the Board’s finding of obviousness of certain challenged claims based on a means-plus-function limitation, affirmed the Board’s finding of …

Federal Circuit vacates PTAB final written decision that upheld some Intellectual Ventures patent claims

The Federal Circuit decision proves that there really is no end to the nightmare that patent owners face in trying to uphold the validity of their property …
By Steve Brachmann
1 year ago 15

Horizon Pharma patents covering Vimovo arthritis pain relief treatment have validity upheld at district court and PTAB

Irish biopharmaceutical firm Horizon Pharma announced that two of its patents covering Vimovo, a pain relief treatment for arthritis patients, had their validity upheld in a patent …
By Steve Brachmann
1 year ago 0

Who Owns the Rights to the Word ‘Covfefe’?

“Filing a trademark application with the goal of claiming a right to a particular term – with nothing more – is a fundamental misunderstanding of our trademark laws,” Alston & …

Are Beyoncé and Jay Z committing fraud on the USPTO?

It appears that Beyoncé’s trademark filing activities raise the question as to whether she, through her trademark holding company, is attempting fraud on the USPTO. "Fraud" …
By Steve Brachmann
1 year ago 5

Parties Agreement to Settle Issues Does Not Extinguish Board’s Ability to Determine Patentability

However, what if the Board refuses to terminate an IPR despite a joint request by both parties based on a settlement and proceeds to a final written …
By Hyunseok Park
1 year ago 16

USPTO Seeks Vice Chief Administrative Patent Judge

The Department of Commerce and the USPTO are seeking a Vice Chief Administrative Patent Judge to fill a vacancy in one of the following locations; San Jose, …

Supreme Court Ruling Opens Door to Additional Constitutional Challenges to the Lanham Act

The Supreme Court ruled that the anti-disparagement clause in the Lanham Act violates the Free Speech Clause in the First Amendment. Matal v. Tam. As a result, …
By Damian R LaPlaca
1 year ago 0

Generic Examples of Claimed Compounds Do Not Satisfy Enablement Requirement

On June 21, 2017, In Storer v. Clark, the Federal Circuit affirmed a Patent Trial and Appeal Board’s interference decision, which awarded priority to Clark’s pending application (…

PTAB Appellants Must Pay USPTO’s Attorneys’ Fees Regardless of Outcome of Appeal

In Nantkwest v. Matal, the Federal Circuit reversed the Eastern District of Virginia’s denial of the USPTO’s request for attorneys’ fees in connection with Nantkwest’…

A section-by-section look at the STRONGER Patents Act introduced in the Senate

In late June, the Support Technology and Research for Our Nation’s Growth and Economic Resilience (STRONGER) Patents Act of 2017 was introduced into the U.S. Senate …
By Steve Brachmann
1 year ago 8

Koch linked group backs Phil Johnson as next PTO Director

Conventional wisdom in patent political circles says Iancu, but the pro-patent community has long supported Phil Johnson, although not in a particularly vocal or effective way. With …
By Gene Quinn
1 year ago 14

Issa seems to believe patents are an entitlement, not a property right

For the first 220 years of United States black letter law and precedent based directly on the U.S. Constitution, patents are property rights. Even the Republican Party …
By Paul Morinville
1 year ago 17

President Trump must pick a PTO Director who believes patents are private property rights

The Supreme Court has long stated patents are property rights, and the statute says they are to be treated as they are property rights. Taking property rights …
By Gene Quinn
1 year ago 5

What Direction Will the Incoming Director of the U.S. Patent and Trademark Office Need to Provide?

Overall, incoming USPTO leadership must have the capacity to see the “big picture” and weigh options for improving our innovation economy. Recognition that recent changes have weakened …
By Manny Schecter
1 year ago 2