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Innovation, Technology, and IP News

PTAB Can’t Find Means-Plus-Function Claims Defective

CAFC Refuses Remand on 112 6th Deficiencies When challenging claims at the Patent Trial & Appeal Board (PTAB), Rule 42.104(b)(3) requires a Petitioner to identify the specific...

Proprietary Rights in a Mark Not Required for Standing at the TTAB

AUSTRALIAN THERAPEUTIC v. NAKED TM, LLC Before O’Malley, Reyna, and Wallach. Appeal from the Trademark Trial and Appeal Board Summary:  Standing to Challenge A Registered...

Fresh From the Bench: Latest Federal Circuit Court Cases

CASE OF THE WEEK Uniloc 2017 LLC v. Hulu, LLC, Appeal No. 2019-1686 (Fed. Cir. July 22, 2020) In this appeal, the Federal Circuit held for the first time that in inter partes review...

Feed tagged as "patent prosecution":
Coronavirus and its global impact have affected almost every sector of the economy. With all of the job losses and the continued lockdown in more than 80% of US... Read More »
We released our first patent prosecution rankings for the top 1,000 patent firms back in March, which was based on the activity, efficiency and success rates of more... Read More »
Three years ago, we started publishing the Patexia Insight Series with our first article about the Shortage of Patent Attorneys in the U.S. A lot has changed since... Read More »
Foreword: To date, the BigPatentData Blog has given little no attention to design patents. This is because I barely know the difference between a design... Read More »
In my previous post, I looked at two metrics - allowance rate and actions per disposal - that I find useful in assessing an examiner and formulating a strategy for... Read More »
A few weeks ago, we published the top five fastest growing patent firms. We also talked about the challenges the sector is facing and some of the concerns of law... Read More »
No, my site did not get overrun by the pharmaceutical pushers that like to submit "advice" in the comments section. The title is referring to entity size... Read More »
Below is an animated visualization of the subject matter eligibility 101 roller coaster that patent prosecutors and examiners have been on over the past 5 years. The... Read More »
Last Wednesday, we released our  Patent Prosecution Intelligence Report for 2019, where we have ranked the top 1,000 most active and best performing patent firms ... Read More »
A few weeks ago we published an article (Patexia Insight 54), explaining why patent prosecution is becoming commoditized  and why some of the AM LAW 100 are... Read More »
A few weeks ago, we discussed how patent prosecution practice is becoming commoditized. Since then, a number of firms and attorneys have contacted us and explained... Read More »
Comments
Anonymous "we should expect an allowance rate of about 90% for him based on the stats we have from A1."
Feb 3, 2019
Anonymous I do not see what is useful about this information (maybe I am missing something).
Feb 3, 2019
As we prepare to release our first Patent Prosecution Intelligence Report, we have been hearing from many of practitioners that it is getting much harder to run a... Read More »
On April 25th, a Fed. Cir. panel of Judges Taranto, Clevenger and Chen affirmed the unenforceability of two Merck patents covering a drug presently marketed as... Read More »
Continuation Applications & Terminal Disclaimers: Infectious Estoppel Patent owner estoppel is codified by Patent Trial & Appeal Board (PTAB) regulation... Read More »
Prosecutor’s Tool Box 2017 Patent prosecutors navigate complex USPTO rules and seemingly esoteric examinational requirements to procure patent rights. In... Read More »
In Regeneron Pharmaceuticals v. Merus N.V., [16-1346] the Federal Circuit denied rehearing and rehearing en banc the July panel decision, previously discussed here... Read More »
Broadest Reasonable Does not Mean Broadest Possible! The USPTO applies a broadest reasonable claim interpretation (BRI) to patents and patent applications. The... Read More »
What Exactly is the "Thrust of the Rejection?" Every so often a decision comes out of the USPTO's Patent Trial & Appeal Board (PTAB) or the... Read More »
Are You Properly Corroborating Your In Re Katz Declarations? Every so often a decision comes out of the USPTO's Patent Trial & Appeal Board (PTAB) or the... Read More »
The difference between "i.e." (id est, "that is") and "e.g." (exempli gratia, "for example") comes up in patent cases from... Read More »
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