Asserting patent rights is a surreal endeavor these days. Two weeks ago, our team at Tabet DiVito & Rothstein was celebrating a key win for client Thales Visionix at the Federal Circuit. That same week, Andrei Iancu was confirmed as our new Director of the USPTO. (Welcome to the party, Andrei.)
Shout out to Gene Quinn for publishing my short piece in IPWatchdog this week on what we both feel is an important development at the Federal Circuit: two rulings within a week of each other vacating lower court determinations of patent ineligibility.
I’m optimistic about the court’s future approach to reviewing such decisions!
Any time a patent survives today’s dual gauntlet of a dismissal on the pleadings and inter partes review, I get a big smile on my face. The patent system may not be working as efficiently as it could be, but it’s working.
On Feb. 6, our client Thales Visionix prevailed at the Federal Circuit in a long-running dispute with infringer Elbit Systems of America, on the key claims of a patented technology for the helmet-mounted display used in the F-35 Joint Strike Fighter.
On October 23, 2017, inventor and patent-holder Evolutionary Intelligence LLC (EI) will file a petition for writ of certiorari at the Supreme Court in Evolutionary Intelligence, LLC v. Sprint Nextel et al., appealing the Federal Circuit’s affirmance of a lower court’s invalidity decision under Section 101.
Do inter partes review proceedings at the U.S. Patent and Trademark Office’s (USPTO) Patent Trial and Appeal Board (PTAB) violate the U.S. Constitution by extinguishing private property rights through a non-Article III forum without a jury?
That’s the issue the U.S. Supreme Court will consider in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, et al., No. 16-712 (2017).
In her article on Huffington Post, “The Forward-Thinking, Future-Shaping Federal Circuit,” employment attorney and Wake Forest University law professor Abigail Perdue addresses the unique nature of the Court (where she also clerked for Judge Jimmie A. Reyna):
[T]he Federal Circuit is the only circuit where every judge resides in the same location, generating an unparalleled culture of collegiality and collaboration. It is also the only circuit with nationwide jurisdiction, so its opinions control across America and are not geographically limited like other circuits’ decisions.
Three days ago, the U.S. Supreme Court declined to hear German software giant SAP’s appeal of a $345 million patent judgment, according to a story in Reuters.
SAP will have to pay the patent infringement judgment, which has now grown to $391 million due to accrued interest, even though the USPTO’s Patent Trial and Appeal Board is reviewing the validity of the patents at issue.
Former Federal Circuit Chief Judge Paul Michel is concerned about the pending legislative actions intended to curb the actions of so-called “patent trolls.”
Check out this news piece on Law360.com.
The Federal Circuit under Judge Michel achieved a measured and thoughtful approach to patent appeals—and a deep appreciation for the importance of innovation in American business.