PatentlyO Bits and Bytes by Anthony McCain

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The Power Of The PTAB: The New Authority In Patent Law

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About Anthony McCain

Anthony McCain is a law student at Mizzou where he is focusing on intellectual property; He has a background in mechanical engineering.

13 thoughts on “PatentlyO Bits and Bytes by Anthony McCain

  1. 3

    “DoJ Backs Apple, Says Supreme Court Should Deny Samsung’s Most Recent Cert Petition”

    Pity. The CAFC deserves to be slapped on the wrist for that en banc decision.

  2. 1

    The new authority in patent law? Such arrogance.

    Which Silicon Valley company funded this one? At a time when every patent attorney in the country is talking about stacked panels, Silicon Valley goes out and hosts another stacked panel.

    The new authority in group think.

    The good news: questions 2-4 of Celgard are probably dead, meaning Celgard question 1 is on deck for GVR.

    1. 1.1

      Also: when this is over, and the dust clears, this might down as one of America’s most Orwellian episodes.

      Just bizarre.


          Be that as it may (per my post below), I have now clicked through all the links and do not see any item discussing Celgard.

          Did the Orwellians make it here and “correct” history on that term?

      1. 1.2.2

        For whatever it is worth, anon, I almost the same question. Then I noticed the Patently-O post itself, where underneath the linked articles it says “Upcoming Events—The Power Of The PTAB: The New Authority In Patent Law.”

        A simple answer to your question might have sufficed, but us lesser intellects are unspeakably wearying to one so great as anony. I suppose that we deserve nothing more than sarcasm and moody sighs.


          LOL – his reproach did make me go back and look at the entire blog post (and not just the articles, as I had done initially).

          That being said, the actual link has a statement that answers anony’s own question of “The new authority in patent law?

          with the answer of: “ to examine many facets of the PTAB’s expanded powers under the America Invents Act

          I do not think that “arrogance” has anything to do with the plain fact that the PTAB and its power comes from a law passed by Congress.

          But perhaps, his umbrage (and comment on arrogance) has to do with the fact that someone organized a bar organization around the PTAB. I am not a member of that bar organization, but its link is: link to

          Finally, I also note that the panel put together to discuss the power of PTAB is not in the silicone valley, but rather is:
          Chicago-Kent College of Law
          565 West Adams Street
          Chicago, IL 60661

          A bonus (for those who may not wish to click through), the Confirmed speakers include:
          •Alison Baldwin, Partner, McDonnell Boehnen Hulbert & Berghoff LLP
          •Professor Greg Dolin, University of Baltimore School of Law
          •Christen Dubois, Director and Associate General Counsel, IP Litigation, Facebook
          •Kate Gaudry, Senior Associate, Kilpatrick Townsend & Stockton LLP
          •Joshua Goldberg, Partner, Finnegan, Henderson, Farabow, Garrett & Dunner LLP
          •Professor John Golden, University of Texas at Austin School of Law
          •Sara Horton, Partner, Jenner & Block LLP
          •Christopher Kaiser ’05, Administrative Patent Judge, USPTO
          •Professor Dmitry Karshtedt, George Washington University Law School
          •David Killough, Assistant General Counsel, Microsoft
          •Jay Knobloch, Trading Technologies
          •Professor Megan La Belle, The Catholic University of America
          •Scott McKeown, Partner, Ropes & Gray LLP
          •Professor Andrew Moshirnia, Chicago-Kent College of Law
          •Professor Kristen Osenga, University of Richmond School of Law
          •Professor Jason Rantanen, University of Iowa College of Law
          •Professor Daniel Ravicher, University of Miami School of Law
          •Professor Greg Reilly, Chicago-Kent College of Law
          •William Saindon, Lead Administrative Patent Judge, USPTO
          •Professor Karen Sandrik, Willamette University College of Law
          •Professor David Schwartz, Northwestern University Pritzker School of Law
          •Mark Stewart, Senior Director – Assistant General Patent Counsel, Eli Lilly
          •Jonathan Stroud, Chief Patent Counsel, Unified Patents
          •Eric Sutton, Senior Patent Counsel, Oracle
          •Professor Melissa Wasserman, University of Texas at Austin School of Law


          “I almost the same question.”

          Er, that is to say, “I almost asked the same question.”

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