Do-Gooders Won’t Take “No” For An Answer

By Tom Engellenner About a month ago we posted an article on the dismissal of Consumer Watchdog’s appeal at the Court of Appeals for the Federal Circuit following a loss at the USPTO in an inter partes reexamination. Consumer Watchdog, Inc. had petitioned the U.S. Patent Office to review a stem cell patent owned by … Continue reading Do-Gooders Won’t Take “No” For An Answer

Stanford Patent Found Invalid in IPR proceedings but Licensee’s IP Survives

By Tom Engellenner In a decision this month (IPR2013-00308), the Patent Trial and Appeal Board (PTAB) has ruled against Stanford University’s patented method for detecting Down’s syndrome and other chromosomal defects, finding all of the challenged claims 1-13 invalid. The Stanford patent, U.S. Patent Number 8,296,076, is licensed to Verinata Health Inc., and is the … Continue reading Stanford Patent Found Invalid in IPR proceedings but Licensee’s IP Survives

Chief Judge James Smith Comments on PTAB’s Docket

 By Tom Engellenner August was another busy month for the USPTO’s Patent Trial and Appeal Board with nearly seventy new petitions filed challenging issued patents. Last week at ceremonies in Washington, D.C. commemorating the second anniversary of the America Invents Act (AIA), Chief Administrative Patent Judge James Smith of the PTAB noted that over 500 … Continue reading Chief Judge James Smith Comments on PTAB’s Docket

Use of Post Grant Proceedings to Challenge Bad Patents

By Tom Engellenner By many estimates, somewhere between five and ten percent of patents that are issued each year by the U.S. Patent and Trademark Office (USPTO) never should have been granted.  The USPTO’s own statistics bear this out.  Each year a small sample of patent applications allowed by examiners in line for promotion are given … Continue reading Use of Post Grant Proceedings to Challenge Bad Patents