Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today we highlight:
- a piece suggesting “[r]ecent Trump Administration actions point to enhanced support for patent rights”;
- a report analyzing a “dramatic increase in denials of Patent Trial and Appeal Board petitions” following guidance issued on March 24;
- a post discussing how the Patent Trial and Appeal Board “on Thursday designated as informative a Director Review decision,” in which “Acting Director Coke Morgan Stewart said the Board abused its discretion by instituting two petitions for inter partes review (IPR) challenging the same claims”; and
- an article discussing how “[t]he U.S. Patent and Trademark Office will establish its new Southeast Regional Outreach office at its Alexandria headquarters,” which reverses “a previous decision to locate the facility in Atlanta.”
Alden Abbott penned a piece on Forbes suggesting “[r]ecent Trump Administration actions point to enhanced support for patent rights.” According to Abbott, “actions by the PTO and DOJ limiting PTAB challenges to patents and supporting the broader issuance of court injunctions for patent infringement” signal “a move back toward the more patent friendly approach of the first Trump Administration.” Abbott indicated that these changes “could give a strong boost to patent-based innovation–and thereby enhance the prospects for future American technological leadership.”
Ted Cannon wrote a report for Bloomberg Law analyzing a “dramatic increase in denials of Patent Trial and Appeal Board petitions” following guidance issued on March 24. According to Cannon, the “Fintiv precedent eases the ability of administrative judges . . . to reject challenges for patents involved in parallel infringement suits.”
Eileen McDermott published a post on IP Watchdog covering how the Patent Trial and Appeal Board “on Thursday designated as informative a Director Review decision,” in which “Acting Director Coke Morgan Stewart said the Board abused its discretion by instituting two petitions for inter partes review (IPR) challenging the same claims.” According to McDermott, the “Director Review decision continues Stewart’s recent trend of patent owner-friendly decisions in PTAB proceedings.”
Ryan Belmore published an article on ALXnow discussing how “[t]he U.S. Patent and Trademark Office will establish its new Southeast Regional Outreach office at its Alexandria headquarters,” which reverses “a previous decision to locate the facility in Atlanta.” According to Belmore, “the location change has drawn sharp criticism from Georgia’s congressional delegation.” Belmore indicated Georgia lawmakers have “requested detailed responses from the USPTO by July 9 regarding the decision-making process and how the agency plans to serve the southeast” from Alexandria.