#uspto-precedential-decisions

#uspto-precedential-decisions

"The current administration has signaled that it is very pro-business and wants to make it as easy as possible for these new fintech business models such as prediction markets and crypto to operate."

The technology at issue is a subcutaneous cosmetic penile implant, a silicone sleeve placed between the skin and 'Buck's fascia' to enhance girth and length.

The case centers on the "Martin" reference, a patent application covering LED technology that was filed on April 16, 2003 and published on October 21, 2004. Martin was later abandoned and never became a patent. Lynk Labs' '400 patent claims a priority date of February 25, 2004, placing it squarely in the gap between Martin's filing and publication dates. Samsung successfully used Martin to challenge claims of the '400 patent as obvious in IPR.

The Office de-designated Proppant Express Invests., LLC v. Oren Techs., LLC, IPR2017-01917, Paper 86 (PTAB Feb. 13, 2019); and Adello Biologics LLC v. Amgen Inc., PGR2019-00001, Paper 11 (PTAB Feb. 14, 2019). According to a USPTO email sent Tuesday, both decisions conflict with the decision in Corning Optical Communications RF, LLC v. PPC Broadband Inc., IPR2014-00440, Paper 68 (PTAB Aug. 18, 2015) (precedential).

The enormity of the problem cannot be understated. A Federal Circuit panel recently reached a final decision that, if not overturned, will destroy the U.S. patent system, and will ironically impact the most valuable patents disproportionately. The ruling was simple and continues a disturbing and inexplicable trend-a patent issued after more than six years in prosecution is presumed unenforceable as the result of prosecution laches.

Regents of the University of California ("Regents") and Broad Institute were engaged in a patent interference proceeding involving the adaptation of CRISPR systems to edit eukaryotic DNA. Both parties were engaged in extensive testing related to editing eukaryotic DNA during the time of the invention, and both filed multiple patent applications that became the subjects of the patent interference proceedings.