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  • Patent Owners Still Need a Sound IP Roadmap to Survive Inter Partes Review Challenges

    By Procopio Partner Noel C. Gillespie Recently, there have been several positive events for patent owners with respect to the Inter Partes Review (IPR) process created as part of the America Invents Act (AIA). While these developments are welcome, the IPR process will remain flawed and biased against inventors and the innovation economy until the lower burden of proof required to invalidate a claim in an IPR is addressed. It is therefore important to understand the threat to your IP portf...

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  • Why Software Owners Should Welcome a Recent Federal Circuit Decision

    By Procopio Partner Noel C. Gillespie We’ve seen many developments in recent years that have weakened patents or made them easier to invalidate, which have led to increasing confusion as to what is actually patentable, and how a claim will be construed once it is challenged. That’s why patent owners—in particular companies patenting software-related innovations—should take solace in a recent Federal Circuit decision that could bring much-needed clarity to how a claim will be const...

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