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:

China to the US: If you won’t regulate SEPs, we will

In an opinion piece written for the IAM website, Jonathan Stoud highlights what the State Administration of Market Regulation (SAMR) letter to Avanci means to standards leadership. The letter puts Avanci on notice for potentially acting anticompetitively, asking it to address monopoly risks related to its licensing practices.

Read the full article HERE

Judgment Day - coverage of the judgment preservation insurance market bubble

In an article published by Carrier Management, Jonathan Stroud, General Counsel for Unified Patents, is quoted over the increase in sales of judgment preservation insurance (JPI). JPI is a type of insurance that covers the possibility that an award granted at the trial court level could be reversed or reduced on appeal. The policy guarantees the policyholder would receive an agreed-upon financial amount should the verdict go in an unfavorable direction.

“The brokers really started a push toward sales. Their timing was good, as eye-popping verdicts were happening. People started to think maybe this is something, maybe we’re getting left out by not buying the insurance. The brokers capitalized on these fears.”

Jonathan Stroud, Unified Patents

Read the full article HERE

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: