The stupidity of the patent microcosm, which would like to see everything in the world patented and which would gleefully smear or even sue its critics (the EFF was sued several times for libel over its "Stupid Patent of the Month" series)
Scandalous, immoral and disparaging marks are all now fair game, but the question of dilution is less clear. A speaker at the INTA Annual Meeting also questioned why the government didn’t use Section 7 of the Lanham Act to bolster its argument in Tam
There are new examples and ample evidence of § 101-dodging strategies; the highest US court, however, wishes to limit patent scope and revert back to an era of patent sanity (as opposed to patent maximalism)
When pressure groups that claim to be "US" actively bash and lie about the US one has to question their motivation; in the case of the Chamber of Commerce, it's just trying to perturb the law for the worse
The Patent Trial and Appeal Board (PTAB), reaffirmed by the Court of Appeals for the Federal Circuit (CAFC) and now the Supreme Court as well, carries on preventing frivolous lawsuits; options for stopping PTAB have nearly been exhausted and it shows
The Alice-inspired (Supreme Court) 35 U.S.C. § 101 remains unchanged, but the patent microcosm endlessly mentions a months-old decision from a lower court (than the Supreme Court) to 'sell' the impression that everything is changing and software patents have just found their 'teeth' again
By Donald Zuhn -- On Monday, the Federal Circuit affirmed the determination by the U.S. Patent and Trademark Office's Patent Trial and Appeal Board in an inter partes review that claim 6 of U.S. Patent No. 7,582,621 is unpatentable for obviousness. On appeal, Anacor Pharmaceuticals, Inc., the assignee of the '621 patent, challenged the Board's reasoning in finding claim 6 to be invalid. The '621 patent is directed to the use of 1,3-dihydro-5-fluoro-1-hydroxy-2, 1-benzoxaborole, also known as tavaborole, as a topical treatment for fungal infections that develop under fingernails and toenails. In particular, the '621 patent discloses that tavaborole can...
In pursuit of patent maximalism (i.e. a status quo wherein US patents — no matter their age — are presumed valid and beyond scrutiny) pundits resort to new angles or attack vectors, ranging from the bottom (IPRs) to the top (Supreme Court)
The agenda of patent trolls, who are hoping to make Oil States go away, is well served by patent lawyers, who keep bringing up far less important (and far older) cases whose outcome better suited their financial interests
The Donald Trump-nominated and appointed USPTO chief turns out to be the disaster he was expected to be considering the fact that he came from the patent microcosm (from a firm that used to work directly for Trump)
A roundup of announcements and news pertaining to software patents in the US, including some of the latest 'trendy' ways for bypassing Alice/Section 101 (in effect a ban on abstract patents, such as patents on algorithms)
As we've discussed, the looming Sprint T-Mobile merger is going to be decidedly ugly for American consumers. Global history has shown repeatedly that when you reduce the number of total competitors from four to three, you proportionally reduce...
Got a pretty big story about #epo coming up. Over the weekend, however, #swpats and #uspto will be in focus. #iancu really lets down tech companies in order to help #patenttrolls and law firms (which he came from). @uspto
As patent lawyers resort to further aggression and dirty tricks they risk alienating jurists, who are growingly hostile towards the patent maximalists and are nowadays embracing a more balanced approach towards patents
When companies live or die based on their patents the quality of patent examination is ever more crucial; the US seems to be finally getting it, whereas the EPO (Europe) reaches for the bottom of the barrel
In spite of incredible pressure on PTAB and its Chief Judge David Ruschke, the Supreme Court and the US patent office (USPTO) fully support it; this means that software patents continue to perish in the US and patent maximalists attempt all sorts of things to escape PTAB
Tesla ought to join the efforts to reform the patent system so as to maximise innovation rather than litigation; pursuing lots of patents and then calling them "open" (just a promise not to sue basically) isn't the way to go
With the Supreme Court approving the actions of the Patent Trial and Appeal Board, i.e. lending even more legitimacy to Inter Partes Reviews (IPRs), responses are expected to be either silence, personal attacks, or distraction tactics
Serving patent trolls for the most part (nefarious actors that dodge the courts by going after defenseless individuals and/or companies), the US patent office still hands out software patents and law firms -- in addition to their front groups like IPO, IPLAC and AIPLA -- try to urge the US Patent an
The Federal Circuit Bar Association panels exclude actual inventors; in other words, views on patents are only permitted if one works for the patent 'industry' (patenting, litigation and so on), not those who are supposedly being 'protected'
Justice, rooted in the US Constitution and US law, does not appeal to people who claim to be working in the domain of law; instead they just try to twist things in order to maximise their revenue opportunities, as could be witnessed over the past week
For the second time in two years, the Supreme Court has needed to weigh in and note that, of course, the US Patent Office can take another look at the crappy patents it already granted, recognize its mistake, and void the patents. A little less than...