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The Fastest Firms in TC 2400

TC 2400 handles applications touching on computer networks, multiplex communication, video distribution, and cybersecurity. Its overall allowance rate is 62%, making it quite a bit lower than the USPTO average of 71%. In terms of average speed to disposition, it takes an average of 43.8 months to prosecute an application to disposition, making it the slowest technology center in the USPTO. Below are the top 10 fastest firms in TC 2400. All firms were selected from IP Today's top firms for 2015 and have at least 100 disposed applications in the technology center. The firms are ranked by the average number of months between an application's filing date and the date it is either allowed or abandoned.

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Juristat's List of the Top Ten Patents Guaranteed to Spread Holiday Cheer

We at Juristat love the holidays and wanted to share with you ten inventions for a very festive season. Happy Holidays to all!

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The Top Firms in TC 3600

As the home of art units covering software and business methods, TC 3600 has been the focus of heavy attention since the Alice decision in June of last year. Its average allowance rate is 61.2%, which is below the USPTO average of 72%,. Its average speed to disposition is 35.3 months months, bringing it in line with the USPTO average of 35.8 months.  All firms below are ranked by allowance rate. The firms were selected from IP Today's top firms for 2015 and have at least 100 applications disposed in TC 3600. Allowance rate was calculated by dividing the number of a firm's allowed applications by the total number of the firm's allowed and abandoned applications.

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The Fastest Firms in TC 1700

Technology Center 1700 covers a broad range of technologies, including diverse fields such as organic chemistry, fuel cells, adhesives, and food. Its average allowance rate is 57.7%, which is quite a bit below the USPTO average of 72%.  Its average speed to disposition is 36.6 months, bringing it very much in line with the USPTO average of 35.8 months. Below are the top 10 fastest firms in TC 1700. All firms were chosen from IP Today's top firms for 2015 and have at least 100 disposed applications in the technology center. The rankings below are based on the average number of months between an application's filing date and the date of its disposition.

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Who is Kyle Bass and Why is He Filing so Many IPR Petitions?

IPR challenges arise most often when a party is sued for patent infringement and the defendant files an IPR petition to have the patent, or at least the claims at issue, invalidated. This scenario is the one that most legislators who drafted the America Invents Act had in mind when they established IPR as a quicker and cheaper alternative to federal district court litigation. Kyle Bass, the Dallas-based hedge fund manager and president of Hayman Capital, has found a more creative use for IPR. Hailed by many as a visionary, Bass rose to prominence after predicting several large-scale economic events, including the subprime mortgage crisis of 2008. In February of 2015, he announced that his next venture would be a foray into the world of pharmaceutical patents.
Bass’s latest strategy is to file and publicize IPR challenges against pharmaceutical patents, betting that the threat of invalidation will cause the parent company’s stock prices to drop. He then either short sells that company’s stock or invests in other companies that would profit if the patents at issue were invalidated. There is evidence that this strategy works, as Bass’s first IPR challenge against Acorda Therapeutics caused its shares to drop by 9.65%. Because pharmaceutical companies enjoy a 20-year period of market exclusivity while their patents are in force before generics can be sold, drug prices during that period are artificially high. Accusing pharmaceutical companies of holding “BS patents,” Bass believes that invalidating them, or at least causing their stock prices to drop through the threat of invalidation, will result in lower drug prices. To demonstrate this ostensible concern for the consumer, Bass even formed an entity called the “Coalition for Affordable Drugs” to be the petitioner in his IPR challenges. As of the date of publication, Bass has filed 32 such petitions.

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A Note on the USPTO's Second Set of Proposed AIA Rule Changes

The America Invents Act of 2011 (AIA) established three new post-grant review proceedings to be administered by the Patent Trial and Appeals Board (PTAB): inter partes review (IPR), the transitional post-grant review for covered business method patents (CMB), and post-grant review (PGR). Upon establishment, the AIA also gave the United States Patent and Trademark Office (USPTO) broad authority to amend these proceedings. On August 20, 2015, the USPTO officially published its second set of proposed rule changes affecting these three newly established AIA post-grant review proceedings. These proposed rule changes, more broad in scope than the first set of rule changes issued in March 2015 (which largely addressed page limitations and other changes of simple scope), address more substantive issues and aim to address public comments and suggestions received specifically during the USPTO’s listening tour in April and May of 2014 as well as throughout the first several years of the new proceedings.

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The Top 10 Most Prolific Law Firms

Assessing the productivity of a law firm is a tricky business, and can be measured in multiple ways, including total number of applications filed, number of attorneys, and number of patents granted, among others.
More than just measuring the total output of a firm, we were interested in measuring the productivity of patent prosecutors (attorneys and agents) inside a firm. Due to employee turnover, measuring this at the firm level is somewhat of a difficult task. However, in an attempt to minimize the influence of turnover, we limited our results to those firms among IP Today’s 2015 top patent firms that had at least 10 prosecutors and we restricted the date range to patents granted within the last 10 years.

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The Top 10 Firms that Lose the Fewest Dependent Claims

When measuring the overall success and efficiency of a law firm’s patent prosecution practice, there are several metrics available, including overall allowance rate, time to disposition, and average number of office actions. Allowance rate is one of the most common metrics, but allowance rate merely tells us how many applications received NOAs, and nothing of the quality of those applications. Besides merely getting an application allowed, clients are also concerned about the quality and scope of their claims. One way to determine this is by measuring how well a law firm preserves claims through prosecution.
Below is a ranking of the top 10 firms that lose the fewest dependent claims in prosecution among IP Today’s top patent firms for 2015. All firms have at least 100 disposed applications. We measured claim preservation by determining a law firm’s average number of dependent claims per application at publication and comparing this to the firm’s average number of claims per application at allowance.

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The Top 10 Speediest Firms in TC 3600

Technology Center 3600 is somewhat of a catch-all tech center, with applicable technologies ranging from animal husbandry to furniture to robotics systems. The 3600s are also home to the business methods art units, which have been the subject of a great deal of interest and critical analysis following Alice v. CLS Bank Int’l., 573 U.S. ___(2014). Its average allowance rate is 61.1%, which is lower than the USPTO average of 71%.
Below is a ranking of the top 10 speediest firms by time to disposition in TC 3600. The firms were selected from IP Today’s top firms for 2015 and all have at least 250 disposed applications in the tech center. Time to disposition was measured by the average number of months between an application’s filing date and the date it was either patented or abandoned.

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