Category Archives: Patent Reform Legislation

Supreme Court Decides Oil States – Inter Partes Review Does Not Violate Article III or the 7th Amendment

The Supreme Court issued its long-awaited opinion in Oil States Energy Services v. Greene’s Energy Group, Appeal No. 16-712 (April 24, 2018), holding 7/2 that inter parties review was an appropriate exercise of the power of Congress to assign adjudication … Continue reading

Posted in Alice, Federal Court, Patent Reform Legislation, Post-Grant Issues, Post-issuance procedures, PTAB | Tagged , , , , | 1 Comment

Highlights of the April 2018 Annual Update

The following are highlights of the April 2018 Annual Update from Don Chisum and Janice Mueller at the Chisum Patent Academy. • Heavily expanded analysis of the patent-specific venue statute, 28 U.S.C. §1400(b), revitalized after 27 years of dormancy by … Continue reading

Posted in Federal Court, Patent Reform Legislation, Uncategorized | Leave a comment

Sea Change in IPR or Just an SOS? – Aqua Products, Inc. v. Matal

Sitting en banc, a fractured Federal Circuit (Appeal no. 2015-1177 (Fed. Cir., Oct. 4, 2017)) released 140+ pages comprising five separate opinions (7 Judges “concur in result”). The majority held that, at least under the current PTO regulations: “The only … Continue reading

Posted in Federal Court, Patent Reform Legislation, Post-Grant Issues, USPTO Practice and Policy | Leave a comment

IPO, AIPLA and ABA IP Section Propose Legislative Fixes for Section 101

Between February and May of this year, IPO, AIPLA and the ABA IP Section have released proposals for amendments to 35 U.S.C. s. 101 to void the Mayo/Alice Rule and to clarify the definition of an “abstract idea” as it relates … Continue reading

Posted in Govt Policy/PTO Policy, Patent Reform Legislation, Section 101 | 7 Comments