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2 days ago | 
ipwatchdog.com | Eileen McDermott |Gene Quinn |Drew Berweger |Steve Brachmann
“The statistics I mentioned are those published by the USPTO concerning claim cancellation upon challenge at the PTAB which are a small subset of all issued patents, not a measure of quality at the front end.” – John SquiresThe Trump Administration’s nominee for U.S. Patent and Trademark Office (USPTO) Director, John Squires, has submitted written responses for the record following his May 21 testimony to the Senate Judiciary Committee expanding upon and clarifying his earlier comments.
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2 days ago | 
ipwatchdog.com | Steve Brachmann |Eileen McDermott |Gene Quinn
“Even if patent owners have a right under (Section) 312(a)(2) to have RPI disputes adjudicated, such a right only arises in the context of IPR proceedings.” – Federal CircuitToday, the U.S. Court of Appeals for the Federal Circuit issued a precedential decision in Dolby Laboratories Licensing Corp. v. Unified Patents, LLC dismissing Dolby Labs’ appeal from the Patent Trial and Appeal Board (PTAB) for lack of an injury-in-fact to confer Article III standing.
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5 days ago | 
ipwatchdog.com | Gene Quinn |Steve Brachmann
This week on IPWatchdog Unleashed, we have a conversation that I’ve wanted to have for some time. The topic this week is quantum computers. It is quite a niche topic and finding people who actually know what they’re talking about is not particularly easy, but this is an enormously important topic that we should all know something about because for Artificial Intelligence (AI) to achieve all its full potential, we are going to need much better and much faster computers.
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1 week ago | 
ipwatchdog.com | Steve Brachmann |Gene Quinn
“Judge Stark did not believe that Acufloor’s representations during prosecution sufficed to overcome clear indications from the specification that mortar is not required to reach the very edge of the tile to meet Acufloor’s asserted claims.”Today, the U.S. Court of Appeals for the Federal Circuit issued a split ruling in Acufloor, LLC v. EvenTile, Inc.
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1 week ago | 
ipwatchdog.com | Gene Quinn |Steve Brachmann
This week on IPWatchdog Unleashed I do not have a guest, I want to take this opportunity to share my thoughts on the complex intersection between patent quality, patent examination and the Patent Trial and Appeal Board (PTAB).
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2 weeks ago | 
ipwatchdog.com | Gene Quinn |Eileen McDermott
“If the American patent system was a factory, 68% of the products we put out are found defective in a later proceeding.”Earlier today, John Squires, who is President Trump’s pick to become the next Director of the U.S. Patent and Trademark Office (USPTO), had his confirmation hearing before the Senate Judiciary Committee. For better or worse, the panel today also included nominees Stanley Woodward, Jr. for Associate Attorney General; T.
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2 weeks ago | 
ipwatchdog.com | Eileen McDermott |Lauren Baker |Tina Dorr-Ph.D |Gene Quinn
“We do not define the ordinary American purchaser rigidly, but even if the ordinary American purchaser was defined as a proficient speaker of the foreign language, that does not necessitate translation.” – CAFC The U.S. Court of Appeals for the Federal Circuit (CAFC) on Wednesday in a precedential decision affirmed a Trademark Trial and Appeal Board (TTAB) decision finding that the mark VETEMENTS for clothing items is generic and merely descriptive without acquired distinctiveness under the...
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2 weeks ago | 
ipwatchdog.com | Eileen McDermott |Gene Quinn |Steve Brachmann
“This decision…clarifies that a petitioner must provide an analysis even when the asserted prior art is on an IDS, but the Examiner did not apply the reference.” – Coke Morgan Stewart Acting U.S. Patent and Trademark Office (USPTO) Director Coke Morgan Stewart issued a precedential Director Review decision Monday, May 19, clarifying that a petitioner for inter partes review (IPR) who challenges claims using prior art previously presented to the USPTO on an information disclosure statement...
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2 weeks ago | 
ipwatchdog.com | Gene Quinn |Eileen McDermott
This week on IPWatchdog Unleashed I speak with Allison Gaul who serves as legal counsel for Boston Consulting Group. She is responsible for evaluating digital products with an eye towards intellectual property strategy, value creation, and legal risk. She is also a recovering, or at least former patent attorney. She does still advise BCG on patent issues, but she is not drafting and prosecuting patent applications at this point.
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2 weeks ago | 
ipwatchdog.com | Eileen McDermott |Steve Brachmann |Gene Quinn
“Under this broad construction, Fintiv proffered sufficient evidence to create a genuine issue of material fact that a widget exists in the accused products.” – CAFC opinionThe U.S. Court of Appeals for the Federal Circuit (CAFC) on Friday, May 16, reversed a district court’s decision granting summary judgment of non-infringement for Apple. The CAFC found that, under the district court’s broad construction of the term “widget,” Fintiv, Inc.
