BPAI Rules Reissue Improper When Only Adding Narrower Claims
Reissue practice and reissue oaths are plagued by the tortured language of 35 U.S.C. § 251. Having suffered through 3 related reissues myself, I’ve often referred to this language in 35 U.S.C. § 251...
View ArticleJudge Pauline Newman Headlines All-Star PLI Program
Yes, a message from the shameless commerce division no doubt, but there are a handful of excellent PLI patent related programs coming up in February and March that deserve a mention. After all, how...
View ArticlePLI’s Winter 2011 Schedule Full of Great IP Programs
I am really looking forward to these PLI programs in particular. I will be signed up to attend via webcast the programs I cannot make live, and I will be in in Chicago, IL in March for the Patent Bar...
View ArticleCAFC: Intervening Rights for Claims Unamended During Reexam*
I like writing about esoteric patent law topics and the question of “intervening rights” in reexaminations/reissues is one of the more esoteric. See my 1998 JPTOS article entitledIntervening Rights: A...
View ArticleDifferent Types of U.S. Patent Applications
A non-provisional patent application is a domestic U.S. patent application that has the possibility to mature into an issued U.S. patent if after examination the patent examiner is satisfied that the...
View ArticlePatent Strategy: Building a patent portfolio with meaningful rights
Last week I wrote about adopting a patent strategy in order to lay the foundation for success. What the article did not touch upon, however, is how you can use procedural mechanisms available at the...
View ArticleA STEPP In the Right Direction: A review of the PTO Stakeholder Training on...
Hands on exercises were part of the program. In reading and understanding a patent application, materials were provided how examiners learn to break down an application in order to prepare to conduct a...
View ArticleCuring the PTAB: How 3 Fixes Will Make a Better, Fairer Process
When the America Invents Act (AIA) was being formulated, from about 2005 – 2011, nothing was more subject to change bill-to-bill than the proposed “1st look” and “2nd look” procedures for issued US...
View ArticleEn Banc Federal Circuit Dodges PTAB Constitutionality
Patlex, which dealt with reexamination of applications by an examiner — not by an Article I tribunal — could be considered a next step beyond McCormick. MCM, however, simply cannot be viewed as...
View ArticleFederal Circuit Ends Ping-Pong with District Court, Affirming Summary Judgment
This marks the third return to the Federal Circuit of a dispute (the 050 case) between the ArcelorMittal Appellants and the AK Steel Appellees... Overall, the Federal Circuit affirmed the judgment...
View ArticleIronworks files new complaint against Apple asserting patents covering...
On Friday, October 6th, Chicago, IL-based intellectual property owner Ironworks Patents LLC filed a patent infringement case against Cupertino, CA-based consumer tech giant Apple Inc. in the District...
View ArticleThe PTAB Continues to Break Patent Promises to the Detriment of Inventors
Surviving inventors are incredibly rare. I have met dozens of inventors with incredible discoveries whose naïve belief in the patent system have cost them way more than they have gained. They taught a...
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