Gene Quinn is a patent attorney and a leading commentator on patent law and innovation policy. Mr. Quinn has twice been named one of the top 50 most influential people in IP by Managing IP Magazine, in both 2014 and 2019. From 2017-2023, Mr. Quinn has also been recognized by IAM Magazine as one of the top 300 IP strategists in the world, and in 2021 he was recognized by IAM in their inaugural Strategy 300 Global Leaders list.
Mr. Quinn founded IPWatchdog.com in 1999, and he is currently President & CEO of IPWatchdog, Inc. According to IAM Magazine, Mr. Quinn “has reshaped the IP debate in the United States in a way that has forced policy makers to carefully consider the macroeconomic effects of IP law and its potential to drive innovation and economic activity.”
Regarded as an expert on software patentability and U.S. patent procedure, Mr. Quinn has advised inventors, entrepreneurs and start-up businesses throughout the U.S. and around the world. He consults with attorneys facing peculiar procedural issues at the Patent Office, advises investors and executives on patent law changes and pending litigation matters, and has represented patent practitioners before the Office of Enrollment & Discipline.
Mr. Quinn began his career as a litigator handling a variety of civil litigation matters, and he has been a patent attorney for nearly two decades. He has previously taught a variety of intellectual property courses at the law school level, teaching courses such as patent law, patent claim drafting, patent prosecution, copyright law, trademark law and introduction to intellectual property at Syracuse University College of Law, Temple University School of Law, The University of Toledo College of Law, the University of New Hampshire School of Law, the John Marshall Law School (Chicago) and Whittier Law School. Since 2000 Mr. Quinn has also taught the leading patent bar review course in the nation.
Mr. Quinn is admitted to practice law in New Hampshire, is a Registered Patent Attorney licensed to practice before the United States Patent Office and is also admitted to practice before the United States Court of Appeals for the Federal Circuit.
Here we go again! We’ve heard the story in the past, which is sadly all too common. A patent owner prevails in federal district court, and also prevails at the Patent Trial and Appeal Board (PTAB) in an inter partes review (IPR) challenge, but somehow finds themselves still fighting an ex parte reexamination. How is this possible? Perhaps something will be done—this time—because the abusive, harassing challenger is Chinese company TikTok, who is seeking to invalidate the very same claims it failed to invalidate in an IPR that was denied institution on the merits.
An interesting tale of intrigue and woe is being written in the decade-long relationship between Google and Sonos. The most recent chapter ended with the district court finding the Sonos patents at issue in their patent litigation against Google were unenforceable due to laches because Sonos had the audacity to file a continuation and seek claims supported by—and actually incorporated from—an earlier filing. According to the district court, because Sonos could have filed those claims in the continuation earlier, that created a laches defense for Google.
Last month, the U.S. Chamber of Commerce’s Global Innovation Policy Center (GIPC) announced that it had joined with 30 other signatories to publish a framework of intellectual property principles designed to reshape the narrative around intellectual property (IP) rights and maintain America’s global lead in innovation. Broadly speaking, the principles focus on five primary goals to be achieved by American lawmakers and policymakers: 1) national security, 2) technological leadership, 3) fostering creative expression, 4) enforcing the rule of law, and 5) ensuring full access to the innovation ecosystem for all.
PERA is no doubt an ambitious bill. In terms of its design, the proposed legislation attempts to deal with each of the Supreme Court’s decisions in Alice, Mayo and Myriad, plus all of their progeny applications thereafter engendered by the Federal Circuit, the Patent Trial and Appeal Board (PTAB), all the way down to the U.S. Patent and Trademark Office (USPTO) examining corp. In a nutshell, the bill, if passed, would return us to a time when Bilski was the law of the land, which will no doubt be welcomed by many innovators.
Yesterday, the United States Patent and Trademark Office (USPTO) held a “public listening session” to hear from industry leaders on the topic of standard essential patents. The event was specifically related to the USPTO’s effort to obtain stakeholder input on questions regarding proposed international standards that were presented in a recent Federal Register Notice, as well as strategies identified in the White House’s National Standards Strategy for Critical and Emerging Technologies.
IPWatchdog will host the 5th Annual Standards, Patents and Competition Masters™ program on November 14-15, 2023. The program will take place at IPWatchdog Studios in Ashburn, Virginia, approximately 10 minutes from Dulles International Airport. The purpose of this high-level, interactive, limited enrollment program is to discuss what is happening in the Standard Essential Patents (SEP) industry today, from FRAND, to bilateral licensing, patent pools, multi-jurisdiction enforcement strategies and more.
Given current and ongoing economic realities, patent practitioners—both in-house and outside counsel—are constantly being asked to do more within existing budgets. Meanwhile, more robust patent applications thick with technical detail are necessary to satisfy courts and patent offices around the world. Working within budgetary constraints without sacrificing quality requires outside the box thinking and use of available tools to streamline as much of the process as possible. Enter Artificial Intelligence (AI), which is taking the world by storm, and recently garnered the attention of the American Bar Association, which has just announced the creation of a task force that will examine the impact of AI on law practice and the ethical implications of its use for lawyers.
It is time to set the record straight. For reasons I don’t understand, many inventors are just not being truthful about the provisions of patent reform bills now pending in Congress. In fact, some in the independent inventor community are attempting to rally support to kill the overwhelmingly pro-patent, pro-innovation, patent eligibility bill now pending. This is an enormous mistake that will have tragic consequences unless those who have the most to lose become willing to accept a win, even if that win does not provide them with 100% of what they want.