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« USPTO Establishes Interim Procedure for Reconsideration of PTA Determinations Based on Submission of IDS Safe Harbor Statements | Main | Webinar on Lessons From PTAB Full or Partial Denials »

November 13, 2018

Comments

Hey James,

That the claims in these two patents involved patent-eligible subject matter is a "no brainer." And Samsung should be sanctioned for filing a "frivolous motion."

I disagree with the notion that sanctions are in order for filing a frivolous motion.

Like it or not, the "ping-pong" of panel by panel decisions MEANS that ANY shot has the same (arbitrary) likelihood of success, and thus, NO motion can be considered on its face to be frivolous.

THAT the state of the law is such that such Void for Vagueness runs rampant, well, we have the Supreme Court to thank for that.

except that when you lose a 101 the defense immediately files a motion for attorneys fees under 285 because you should have known it was not patentable

Chris,

That motion can be field until the cows come home, but it will not go anywhere as long as the "ping-pong" effect CONTINUES to be seen at the CAFC.

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