In August, Apple, Google, Cisco and Intel filed a lawsuit against the U.S. Patent and Trademark Office (USPTO) in the Northern District of California challenging the Patent Trial and Appeal Board’s (PTAB’s) adoption of the NHK-Fintiv discretionary denial framework as procedurally invalid under the Administrative Procedures Act (APA), and arguing that the PTAB’s application of them violates the America Invents Act (AIA). Shortly after, a number of “Small Business Inventors” (US Inventor; 360 Heros, Inc.; Larry Golden; World Source Enterprises, LLC; Dareltech LLC; Tinnus Enterprises, LLC; Clearplay, Inc.; and E-Watch, Inc.) filed a Notice of Motion and Motion to Intervene and related Complaint in the case. Now, US Inventor has filed its reply brief, in which it contends that “AIA trial reviews have stifled innovation, crushed inventor morale, and created a lopsided process whose use alone (irrespective of individual merits) can destroy innovative businesses”. The organization is asking the court to enter a temporary restraining order and preliminary injunction in order to preserve “the one lifeline giving any hope of escaping this ongoing catastrophe for American innovation and fair competition.”
Recent Posts
- Other Barks & Bites for Friday, August 29: CAFC Affirms Prosecution Laches Ruling Against Hyatt; Trump Admin Cancels USPTO CBA; Second Circuit Affirms Lack of Standing in Ripple Trademark Case
- CAFC Dodges Key Issues in Reversing District Court Finding for Google on Prosecution Laches
- CAFC Corrects PTAB’s Inventorship Analysis in First Appeal of AIA Derivation Proceeding
- Brunetti’s Back: Split CAFC Rejects Most of Scandalous Trademark Applicant’s Arguments But Remands for Second Chance at TTAB
- CAFC is Unconvinced by Claim Construction Challenges to ITC’s Robotics Patent Infringement Finding