JUVE Patent has published an article regarding the prevalence of no-notice suits in Europe at the UPC and in the United States. The article dives into why sue-first tactics are a problem that undermines the underlying goals of patent law. Written by Michelle Aspen and Jonathan Stroud, the article was drafted as part of ongoing efforts by Unified Edge to advocate for better patent policies here and abroad.
Fintiv challenged in Federal Circuit Amicus by Unified and Zero Motorcycles
On August 12, 2024, Unified Edge filed an amicus brief with the Federal Circuit addressing whether the USPTO's implementation of Fintiv as a precedential matter violates the Administrative Procedure Act (APA). The brief explains why the USPTO has not only failed to follow the APA’s required rulemaking procedure but also has promulgated the Fintiv factors in the absence of any ambiguity under 35 U.S.C. §§ 314(a) and 315(b).
Unified Edge is part of the Unified Network and advocates for the right policies, focusing on researching, organizing, providing, and promoting data-backed studies and evidence to further regulatory, business, and policy goals. Unified Edge works to keep its members up to date and informed on ongoing policies, data, and the regulatory landscape in order to move the law forward in a just, reasoned, and data-backed way. Unified Edge is represented by Mark Davies, Amanda Woodall, and Yar Chaikovsky at White & Case, and by in-house counsel, Michelle Aspen and Jonathan Stroud. Download the amicus brief below.
Comments submitted to the USPTO over AI impacts on prior art
Through policy advocacy work with Unified Edge, Unified Patents has submitted comments to the USPTO's request for comments regarding the impact of the proliferation of artificial intelligence (AI) on prior art, the knowledge of a person having ordinary skill in the art, and determinations of patentability made in view of the foregoing.
Unified has suggested that the USPTO may need to be wary of unscrupulous actors creating AI data dumps, including using bulk patent applications at the USPTO itself to create patent thickets.
Read through Unified’s comments by clicking on the button below:
Comments to the USPTO submitted regarding terminal disclaimer practice
Through policy advocacy work with Unified Edge, Unified Patents has submitted comments to the USPTO's recent NPRM regarding conditions for obtaining terminal disclaimers to obviate obviousness-type double patenting.
In 2022, the USPTO requested comments regarding USPTO Initiatives to Ensure the Robustness and Reliability of Patent Rights. The Office has proposed a rule that would cut down on examiner wear-down and the abusive assertions of obvious variations of continuation patents through current terminal disclaimer practice. Unified has written to support the proposed rule.
Read through Unified’s comments by clicking on the button below:
NPRM comments submitted regarding discretionary denials and serial/parallel petitions
As part of the advocacy work of Unified Edge, Unified Patents has submitted comments to the PTAB's recent NPRM advocating against the codification of rules regarding discretionary denials under § 325(d) and for serial/parallel petitions.
Read through Unified’s comments by clicking on the button below: