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Jones Day

Federal Circuit Rules in Favor of Public Interest Group Standing at PTAB

Jones Day on

In Personal Audio, LLC. v. Electronic Frontier Foundation, No. 2016-1123 (Fed. Cir. Aug. 7, 2017), the Federal Circuit reviewed a Patent Trial and Appeal Board (“PTAB”) decision invalidating claims of U.S. Patent No....more

Knobbe Martens

Standing to Appeal PTAB Decision to Federal Circuit is Measured for the Appellant, Not the Appellee

Knobbe Martens on

The Federal Circuit determined that Article III standing was not necessary for an appellee to participate in a judicial appeal of an IPR final written decision because the appellant had Article III standing in Personal Audio,...more

McDonnell Boehnen Hulbert & Berghoff LLP

Alternative Facts on Patent-Eligibility from the Electronic Frontier Foundation

McDonnell Boehnen Hulbert & Berghoff LLP on

The textbook policy rationale for the existence of a patent system is a quid-pro-quo -- a tradeoff in which an inventor is granted a time-limited property right over his or her invention in return for disclosing it to the...more

McDonnell Boehnen Hulbert & Berghoff LLP

Pigs Fly, Hell Has Frozen Over, and the New York Times Supports Small Inventor and University Patenting

McDonnell Boehnen Hulbert & Berghoff LLP on

Admittedly, only on its Op-Ed page. But last Saturday Joe Nocera wrote a remarkably sane and reasoned column, entitled "The Patent Troll Smokescreen," pointing out that "big companies with large lobbying budgets" are using...more

McDonnell Boehnen Hulbert & Berghoff LLP

When NPR Podcasters Hit the Patent System – An Update

McDonnell Boehnen Hulbert & Berghoff LLP on

In May of this year, the NPR podcast "Planet Money" released an episode entitled "When Patents Hit the Podcast." At that time, we reported on this podcast, and the misconceptions of the patent system that the show...more

McDonnell Boehnen Hulbert & Berghoff LLP

In Defense of the Patent System: How the Mainstream Media's Representation of it is "Broken"

McDonnell Boehnen Hulbert & Berghoff LLP on

The mainstream media continues its attack on the patent system. This problem has become significant, because the average American does not appear to understand the purpose (and benefits) of the patent system. With all of...more

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