Program Offers Unique Opportunity to Bar

On Wednesday, November 9th (10AM – Noon (EST)), the Patent Trial and Appeal Board’s (PTAB) Legal Experience and Advancement Program (LEAP) will host its brand new event, LEAP to Chambers.

LEAP to Chambers provides LEAP-eligible practitioners an inside perspective on practicing before PTAB. LEAPers will visit the Alexandria, Virginia

Ending Opensky IPR Participation Underwhelming

Back in March, I explained that the Opensky mess needed to be immediately checked by the USPTO. The legitimacy of the PTAB is at stake when when profiteers are actively conspiring to abuse the IPR process by offering to deliberately file papers for an improper purposes. The situation called for swift and decisive correction…..but this is the federal government. So, we waited for a new Director to be appointed, and then, largely unnecessary amicus briefing for such a unique fact pattern.

Six months later (IPR is effectively done except for the Final Written Decision), we finally have a determination out of the Director. But, the outcome is far from satisfying for anyone that is hoping for the PTAB to start policing bad actors akin to an Article III Court.

Continue Reading Its Time for the PTAB to Stop Playing Good Cop

Examination Quality vs Speed

The USPTO has had an accelerated examination program known as “Track-1” since 2011. The program allows patent applicants to advance a patent application out-of-turn such that a determination can be made within 12 moths of filing. That is, like a Lightning Lane of sorts (for you Disney fans) to skip the typical wait times for patent examination. In this way the program is said to be designed to foster “faster innovation.”

In theory, it is a great idea. If you are a start-up, for example, and need to get your claims allowed quickly for business reasons. Paying a fee for the expedited attention, agreeing not to extend filing dates of responses, and limiting the number of claims, is a fair compromise.

But, if patent examiners are rushed to judgement to meet internal deadlines, and do so without the most relevant information, the USPTO is doing the public a disservice. Recent trends also suggest that examiners may be moving these cases to allowance to get time-sensitive work off of their dockets.

Continue Reading The PTO Has a Track-One Filing Problem

Fall CLE

In a few days, the most comprehensive and informative of the big-room, CLE events returns — IPWatchdog Live 2022. On September 11-13, Live returns to Dallas for its second annual event.

Bringing together the intellectual property community—from politicos, to business executives, to attorneys, and inventors, Live is unique among the usual slate

Thursday Boardside Chat

Last month, the USPTO) published a Federal Register Notice requesting public input on Director Review, Precedential Opinion Panel review, and internal circulation and review of Patent Trial and Appeal Board (PTAB) Decisions. This Thursday @1PM (EST) the PTAB will host its next Boardside Chat webinar. Vice Chief Administrative Patent Judges Melissa

Long Battle Ahead for Patentable Subject Matter Clarity

Remember the good ole days when every bar meeting had that Alice panel that said the same thing over and over? (i.e., “your guess is as good as mine”) And by good ole days, I mean the days when you skipped that panel and caught up on your emails back in your room. 🙂

Well, here we go again.

With American Axle failing to tempt the SCOTUS, the message has become clear….”Congress, this is your mess to fix.” So, we now embark on yet another adventure on sorting out the patent world’s biggest hairball – and that’s saying something!

Continue Reading Tillis Bill’s Shot Across the Bow on 101

Judicial Conference & Congressional Attention Stir Change

This time last year, the Western District of Texas (WDTX) was getting a lot of attention from Washington DC policymakers. That is, a plaintiff’s ability to guarantee that its case would be heard by Judge Albright simply by filing in his Waco court was seen as “unseemly” and, coupled with the fact that his court had close to 30% of the nation’s patent docket, improper. Likewise, to many, the twenty or so successful mandamus filings reversing the Judge on issues of venue only amplified the urgency for legislative and/or judicial intervention.

Whether you agree with the above sentiment or not, it was clear as far back as last summer that these practices were plainly living on borrowed time. Back then, it was clear within DC policy circles that if the Judicial Conference did not step in and put an end to Judge Albright’s perceived monopoly on patent cases, that the legislators were prepared to take action.

Yesterday, the Chief Judge of the WDTX took action.

Continue Reading WDTX Scatters Patent Docket – Now What?